Ron London Enterprises Pty Ltd v Triggs

[2018] QCATA 52

CITATION:

Ron London Enterprises Pty Ltd v Triggs & Anor [2018] QCATA 52

PARTIES:

Ron London Enterprises Pty Ltd
(Appellants)

v

Lizzy Triggs
(First respondent)
and
Paul Triggs

(Second respondent)

APPLICATION NUMBER:

APL303-16

MATTER TYPE:

Appeals

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Gordon

DELIVERED ON:

23 April 2018

DELIVERED AT:

Brisbane

ORDERS MADE:

Leave to appeal is refused. The appeal therefore fails.

CATCHWORDS:

APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – WHEN NO APPEAL LIES – leave to appeal – where minor civil dispute heard by Adjudicator – whether any reasonably arguable grounds of appeal

APPEARANCES:

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

REASONS FOR DECISION

1. Dr Lizzy Triggs and Dr Paul Triggs who were tenants of a residential property, brought a claim for compensation because of the lack of cleanliness and disrepair of the property, and because it was unfit to live in.  The claim was brought against Ron London Enterprises Pty Ltd in its capacity as agent for the owners of the property.

2. An Adjudicator heard the claim and ordered that there should be a credit on the rent account of $8,771.36 up to the date of the hearing and a reduction of rent from the date of the hearing of $37.50 per week until certain stated repairs were done.

3. The agent now appeals against that decision.

4. The hearing was attended by both sides. The Appeal Tribunal has obtained a transcript of the hearing but is unable because of copyright and costs issues to provide this to the parties. 

5. At the hearing, the Adjudicator heard evidence, looked at the documentation, and heard submissions from both sides about the matter.  The agent’s position at the hearing was that there were issues during the tenancy which entitled the tenants to compensation but it should be limited to $50 per week. 

6. When giving reasons for her decision, the Adjudicator described the issues with the property and the remedial work which had been done. She found that there had been a breach of section 185 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) which describes the lessor’s obligations at the beginning of the tenancy and continuing throughout the tenancy. She found that many attempts had been made to remedy the issues but this had happened in stages and had not, at the time of the hearing, been completed. She made a ‘stepped’ order for compensation over certain periods and reduced the rent from the date of the hearing until certain repairs were carried out.

7. In this appeal, the agent was directed by the Appeal Tribunal to state the way in which the Adjudicator had been in error in her findings of fact or in law and to provide submissions about the appeal. In compliance with that order, the agent lodged a document with the Appeal Tribunal. In that document, the agent seeks to bring to the attention of the Appeal Tribunal certain information. The information in the document is about the maintenance and repairs which were carried out on the property at various times, and which items remained outstanding.

8. These are all matters which were aired at the hearing and on which the Adjudicator made her decision. There is nothing in the grounds of appeal either in the application itself or in the submissions filed subsequently indicating where the Adjudicator was in error. It would appear that the agent would simply like to have the matter heard again. That is not what happens on appeal.

9. In so far as there is any new material submitted by the agent which was not before the Adjudicator at the hearing, the Appeal Tribunal directed that neither party was allowed to rely on any evidence which was not before the Adjudicator without leave of the Appeal Tribunal.[1] No such leave has been applied for, or given. 

   [1]Directions given on 10 October 2016.

10. Appeals in minor civil disputes can only be brought with the leave of the Appeal Tribunal. Such leave will only be given if there is an arguable case on appeal. Such appeals are only arguable if the decision maker is in error in law, or has made a factual finding which could not be made on the evidence. This is not the case here. Leave to appeal is refused and the appeal therefore fails.