Ray White Narangba v Stretton

[2016] QCAT 222

CITATION: Ray White Narangba v Stretton [2016] QCAT 222

PARTIES:	Ray White Narangba (Applicant)
v
Antony Stretton and Nicolene Stretton (Respondents)

APPLICATION NUMBER: MCD1041-16

MATTER TYPE: Residential tenancy matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member Endicott

DELIVERED ON: 7 June 2016

DELIVERED AT: Brisbane

ORDERS MADE: Application for transfer to the Pine Rivers courthouse is granted.

CATCHWORDS: LANDLORD AND TENANT – RESIDENTIAL TENANCIES LEGISLATION – OBLIGATIONS, PROHIBITED MATTERS, PROTECTION FOR LESSEES – RENTAL BONDS OR SECURITY DEPOSITS – where claim made for release of bond by landlord’s agent – where hearing scheduled in Brisbane – where request made to transfer hearing to venue closer to the subject residential property – where applicant carried on business in area closer to transfer site – where respondents lived closer to transfer site – where opposition to transfer by respondents – where no information provided as basis for opposition to transfer – whether reasonable inference could be drawn that balance of convenience in favour of transfer of hearing 

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. An application was filed in the Queensland Civil and Administrative Tribunal (QCAT) by Ray White Narangba seeking release of moneys paid as a bond on a tenancy of a house at Kurwongbah by Antony Stretton and Nicolene Stretton under the Residential Tenancies and Rooming Accommodation Act 2008 (Qld). A hearing of the application was scheduled in Brisbane for 24 June 2016.

2. The applicant filed an application to transfer the hearing from Brisbane to the Pines Rivers Court at Strathpine on the basis that Pines Rivers Court is the closest court to the residence which had been the subject of the residential tenancy.  The Tribunal had previously directed that service on the respondents of the application about the release of the bond was to be effected at an address in North Lakes where the respondents were residing.

3. The respondents were contacted for their views about the transfer of the hearing.  Nicolene Stretton opposed the transfer and Antony Stretton was not able to be contacted for his views.  No grounds were stated for the opposition by Ms Stretton to the transfer of the hearing.

4. The evidence established that the applicant carried on business in Narangba, the property which had been the subject of the bond claim was situated in Kurwongbah and the respondents now resided at North Lakes.  All of these places are in the vicinity of Strathpine where the Pines Rivers Court is located.  

5. A hearing at the Pines Rivers Court would be more accessible and convenient for the applicant.  It could be inferred, on the basis of their current residential address, that a hearing in the Pines Rivers Court would not cause any unreasonable inconvenience to the respondents. No information had been given by Ms Stretton to set aside that inference.

6. In the absence of information that the balance of convenience was against a transfer of the hearing, it was decided that the balance of convenience was in favour of the transfer and an order was made that the hearing would be transferred from Brisbane to the Pine Rivers Court.