Revolve Property v Walsh - [2021] QCAT 256

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Revolve Property & Anor v Walsh & Anor [2021] QCAT 256

PARTIES: REVOLVE PROPERTY OBO HSI-CHEN HUANG

(applicant)

HSI-CHEN HUANG AS TRUSTEE FOR THE TSENG AND HUANG FAMILY TRUST

(applicant)

v

MARNIE WALSH

(respondent)

MELINDA WALSH

(respondent)

APPLICATION NO/S:

MCDT0071-21

MATTER TYPE:

Residential tenancy matters

DELIVERED ON:

19 July 2021 ex tempore

HEARING DATE:

19 July 2021

HEARD AT:

Beaudesert

DECISION OF:

Adjudicator Alan Walsh

ORDERS:

1.       The hearing is adjourned to 16 August 2021 at 3:00pm for a two-hour hearing.

2.       Revolve Property and Hsi-Chen Huang as Trustee for the Tseng and Huang Family Trust by their solicitors must on or by 4:00pm on 2 August 2021 file with the Tribunal and email to the solicitors for Marnie Walsh and Melinda Walsh all affidavits of evidence and documents on which they wish to rely in support of the Form 2 Application and in response to the Form 8 Counter-application.

3.       Marnie Walsh and Melinda Walsh by their solicitors must on or by 4:00pm on 9 August 2021 file with the Tribunal and email to the Applicants’ solicitors any further affidavits of evidence and documents on which they wish to rely in reply.

4.       The parties by their solicitors must on or by 4:00pm on 13 August 2021 file with the Tribunal and email to each other all final written submissions on which they may wish to rely at the hearing.

5.       QCAT Registry arrange an interpreter of the Mandarin language for the next hearing.

6.       QCAT Registry email these orders to the parties.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – minor civil dispute – tenancy dispute – adjournment of hearing – where Applicants applied to terminate Respondents’ residential tenancy agreement for objectionable behaviour – where Registry served Application on Respondents by post – where Registry simultaneously served Notice of Hearing on parties by post – where matter allocated 15 minutes’ hearing time in accordance with standard listing practice for termination applications - where Respondents filed Counter-application for orders for repairs and maintenance, rent reduction, reimbursement of expenses, and compensation – where dispute of substantial complexity - where both applications urgent at least in part – where Respondents applied for order for legal representation – where orders for legal representation of parties made – where dispute and evidence complex - where Applicants applied for adjournment on receipt of Counter-application and Respondents’ affidavits and documents – where Respondents opposed application for adjournment – whether adjournment appropriate and consistent with tribunal objects and functions for quick justice in the circumstances – where adjournment granted with orders in the nature of directions for efficient management of proceedings – principles underpinning decision to adjourn hearing

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 3(b), s 4(c), s 28(3)(a), (d) and (e), s 28(4), s 29

Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 415, s 416(1)

Helyar v Civil and Property Development Consulting Pty Ltd (in liquidation) & Ors [2020]…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Revolve Property v Walsh

Details

AGLC: Revolve Property v Walsh [2021] QCAT 256
Case: [2021] QCAT 256
Decision Date

CaseChat Overview and Summary

This case involved a dispute between Revolve Property and Hsi-Chen Huang as the trustee for the Tseng and Huang Family Trust (the applicants) and Marnie and Melinda Walsh (the respondents) over a residential tenancy agreement. The applicants sought to terminate the tenancy for the respondents' alleged objectionable behaviour, while the respondents filed a counter-application for orders for repairs and maintenance, rent reduction, reimbursement of expenses, and compensation. The Queensland Civil and Administrative Tribunal (QCAT) heard the matter on 19 July 2021. The legal issues in this case included whether the applicants' request for an adjournment was appropriate and consistent with the tribunal's objects and functions for quick justice, and whether the counter-application was urgent and warranted immediate relief. The tribunal considered the principles of procedural fairness and natural justice, and the objects of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) in reaching its decision. The tribunal granted the adjournment and made directions for efficient management of the proceedings, including filing deadlines and the provision of an interpreter. The case highlights the importance of ensuring that proceedings are conducted in a way that minimises costs to the parties and is as quick as is consistent with achieving justice, without compromising procedural fairness and natural justice.

The tribunal also drew the parties' attention to the potential engagement and implications of the Human Rights Act 2019 (Qld) in the case, and referred the parties' solicitors to a previous QCAT decision on the matter. The tribunal's decision underscores the need for careful consideration of the principles of procedural fairness and natural justice, as well as the objects of the QCAT Act, in managing residential tenancy disputes and ensuring quick justice for the parties involved.

Orders