Professional Atherton Real Estate v Newton and Bond

Professional Atherton Real Estate brought an appeal against the decision of QCAT, arguing that the learned Adjudicator erred in law by not terminating the tenancy agreement on the basis of excessive hardship. The case was heard in the Queensland Civil and Administrative Tribunal (QCAT). The applicants argued that the termination of their tenancy was unjust due to the failure to issue a notice to remedy breach and a notice of intention to leave based on the failure to remedy breach. They further argued that the termination of their tenancy was wrongful as it was not based on the correct grounds.

The central legal issue was whether the learned Adjudicator erred in law by not terminating the tenancy agreement on the basis of excessive hardship. The court had to determine whether the termination of the tenancy was lawful and whether the applicants' arguments regarding the lack of notices were valid. Additionally, the court had to examine whether the termination was based on the correct grounds.

The court found that the learned Adjudicator did not make the termination order based on excessive hardship, instead terminating the tenancy for repeated breach. The court held that the termination of the tenancy was not wrongful as it was based on the correct grounds. The court also found that the failure to issue the notices did not render the termination unlawful. However, the court granted leave to appeal and allowed the appeal, setting aside the orders made by QCAT. The court dismissed the application to QCAT for a termination order and, by consent, terminated the tenancy agreement effective from 25 October 2010. Additionally, the court ordered Ms Newton and Mr Bond to pay Professional Atherton Real Estate $201.28.