Saba v State of Queensland through Department of Housing and Public Works

[2013] QCATA 226

CITATION: Saba v State of Queensland through Department of Housing and Public Works [2013] QCATA 226

PARTIES:	Mr Desmond Saba (Appellant)
V
State of Queensland through Department of Housing and Public Works (Respondent)

APPLICATION NUMBER: APL200 -13

MATTER TYPE: Appeals

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Peta Stilgoe OAM, Senior Member

DELIVERED ON: 6 August 2013

DELIVERED AT: Brisbane

ORDERS MADE: 1. The application to stay a decision filed 14 May 2013 is refused.

CATCHWORDS: MINOR CIVIL DISPUTE – where application to stay decision – where warrant already executed – whether grounds to order stay

APPEARANCES and REPRESENTATION (if any):

The appeal tribunal heard and determined this matter on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. Mr Saba was in breach of his tenancy agreement because he was in gaol. The Department applied to terminate the tenancy. On 5 April 2013 the tribunal ordered the termination of the tenancy agreement and authorised a warrant of possession. Queensland Police executed the warrant of possession on 18 April 2013.

2. Mr Saba filed an application for leave to appeal and an application to stay the learned Adjudicator’s decision on 14 May 2013. Unfortunately for Mr Saba and his family, his application for a stay of the decision is too late. The tribunal cannot now undo the executed warrant of possession.

3. My decision about the stay does not affect Mr Saba’s application for leave to appeal, although there may be little practical point in continuing with that application. Mr Saba may have other rights, but that is not a matter that I can deal with in this application.