QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Sasip Pty Ltd v Ashe & Anor [2021] QCAT 99
PARTIES: SASIP PTY LTD (applicant)
v
GRAHAM ASHE (first respondent)
SAMUEL HUTH
(second respondent)
APPLICATION NO/S:
MCDT1127-20
MATTER TYPE:
Residential tenancy matters
DELIVERED ON:
19 February 2021
HEARING DATE:
17 December 2020
HEARD AT:
Southport
DECISION OF:
Adjudicator Lember
ORDERS: 1. That the respondents pay the applicant the sum of $7,080.29 comprising;
(a) $123.21 water;
(b) $2,463.64 carpet damage; and
(c) $4,493.44 vinyl floor damage.
2. That to give effect to Order 1:
(a) The Residential Tenancies Authority is to release the bond held in the sum of $2,740.00 to the applicant in full; and
(b) The respondents are to pay the applicant the further sum of $4,340.29 by 31 May 2021.
CATCHWORDS: LANDLORD AND TENANT – RESIDENTIAL TENANCIES LEGISLATION – OTHER MATTERS – compensation – where landlord alleges damage caused to floors by tenants’ pets – betterment – duty to mitigate - where tenant alleges misuse of notice to leave for owner occupation – COVID-19 notices
PROCEDURE – MISCELLANEOUS PROCEDURAL MATTERS – where tenant attempts to deceive Tribunal – whether attempt to deceive caused unnecessary disadvantage
Acts Interpretation Act 1954 (Qld), s 32D
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 8, s 11, s 13, s 48, Schedule 3
Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 11, s 12, s 61, s 188, s 349, s 362, s 416,
s 419, s 420, s 429
Residential Tenancies and Rooming Accommodation (COVID-19 Emergency Response) Regulation 2020 (Qld), reg 8(1), reg 12, reg 37, reg 40Arowana Pty Ltd (t/a Choice IT Australia) v Scott [2019] QCATA 100
Darbishire v Warran [1963] 1 WLR 1067
Davidson v J S Gilbert Fabrications Pty Ltd [1986] 1 Qd R 1Dimond v Lovell [2002] 1 AC 384
Fankhauser v Mission Beach Property Management [2017] QCATA 65
Gagner Pty Ltd t/as Indochine Café v Canturi Corporation Pty Ltd (2009) 262 ALR 691.Griffin v Gini [2011] QCATA 325
Johnson v Perez (1988) 166 CLR 351
Laffey & Coastalite Pty Ltd v L & V Project Pools Pty Ltd [2019] QCAT 238
North South Real Estate & Anor v Kavvadas [2017] QCAT 306
Ray White Victoria Point v Simons & Anor [2018] QCATA 162Stockdale & Leggo v Gordon [2017] QCATA 112
Stone v Grundy [2018] QCATA 68
The Pot Man Pty Ltd v Reaoch [2011] QCATA 318
Tracey v Olinderidge Pty Ltd & Wagner [2015] QCAT 7
APPEARANCES & REPRESENTATION:
Applicant:
Self-represented, by agent
Respondent:
Self-represented
REASONS FOR DECISION
Claims
This is an application by Sasip Pty Ltd as the owner of a property situated at Biggera Waters (“the tenancy”) and a counter application by its former tenants, Mr Ashe and Mr Huth. At the relevant time of the tenancy, Stewart & Smyth Estate Agents were the managing agents for the tenancy and Mrs Barker was a director of the applicant.
On 14 September 2020, the applicants filed an application under various sections…
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- AGLC
- Sasip Pty Ltd v Ashe [2021] QCAT 99
- Case
- [2021] QCAT 99
- Decision Date
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Orders
Orders of the court
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