QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION
SBT v Bernats Lewis Real Estate & Ors [2022] QCATA 71
PARTIES: SBT (applicant)
v
bernats lewis real estate, roxanne wagner and jose navas (respondents)
APPLICATION NO:
APL279-21
MATTER TYPE:
Residential tenancy matters
DELIVERED ON:
3 June 2022
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Dr J R Forbes
ORDERS:
The application for leave to appeal is dismissed
CATCHWORDS:
APPEAL – APPLICATION FOR LEAVE TO APPEAL – MINOR CIVIL DISPUTE – RESIDENTIAL TENANCY DISPUTE – where claim for compensation by lessor – where lessor alleges damage to premises by tenant – where cross-claim by tenant alleging premises unfit for habitation – where lessor’s claim reduced – where lessor’s evidence defective for want of entry report and claim substantially reduced - where tenant’s cross claim dismissed as out of time - where tenant seeks leave to appeal dismissal of her cross claim – whether jurisdiction to hear and determine cross claim
Queensland Building and Construction Commission Act 1991 (Qld) s 77
Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 32, s 61, s 143
Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 419
Anthony Hordern & Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1
Baxter v NSW Clickers Association (1909) 10 CLR 114
David Grant & Co Pty Ltd v Westpac Banking Corporation & Anor (1995) 184 CLR 265Drew v Bundaberg Regional Council [2011] QCA 359
Felton & Anor v Raine and Horne Real Estate [2011] QCATA 330
Hope v Brisbane City Council [2013] QCA 198
McGarry v Coates [2013] QCATA 32
MW v CGW (1982) 151 CLR 491
Nunn v Baker (1987) 518 So Jo 711
Parisienne Basket Shoes Pty Ltd v Whyte (1938) 59 CLR 369
Queensland Building Services Authority v Robuild Pty Ltd [2013] QCATA 238
Queensland Building and Construction Commission v Watkins [2014] QCA 142QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41
R v Federal Court of Australia; Ex parte Pilkington ACI (Operations) Pty Ltd (1978) 142 CLR 113
Thorpe v Charles Sturt City Corporation (1999) 103 LGERA 395
Wall v the Queen; Ex parte King Won (No 1) (1927) 39 CLR 245
Watkins v Queensland Building Services Authority [2013] QCAT 535APPEARANCES & REPRESENTATION:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)
REASONS FOR DECISION
Introduction
In 2020-2021 the applicant (`SBT’) was lessee of a residence at Beenleigh (`the property’) owned by the respondents Wagner and Navas and managed by estate agents Bernats Lewis Real Estate. For convenience I shall refer to the respondents collectively as `Bernats’.
The landlord-tenant relationship was not particularly amicable. In August 2021 Bernats began action against SBT, claiming $1,280[1] for neglect of and damage to the property.[2]
[1]The full amount of the rental bond.
[2]Application by Bernats for minor civil dispute (residential tenancy…
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- Case
- [2022] QCATA 71
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether it had the jurisdiction to hear and determine the tenant's cross-claim, which had been dismissed as out of time. The court needed to consider the procedural history of the case and the applicable statutory provisions governing the timeliness of cross-claims in minor civil disputes. Additionally, the court had to assess the impact of the lessor's defective evidence on the overall claim and the implications for the tenant's cross-claim.
The court found that it did not have jurisdiction to hear and determine the tenant's cross-claim, as it had been dismissed as out of time. The court held that the statutory provisions governing minor civil disputes did not permit the court to entertain a cross-claim that had not been properly filed within the prescribed time limits. The court also noted that the lessor's defective evidence had led to a substantial reduction in the claim, which further supported the dismissal of the tenant's cross-claim. Consequently, the court dismissed the application for leave to appeal.
The court dismissed the application for leave to appeal, confirming that it did not have jurisdiction to hear and determine the tenant's cross-claim, which had been dismissed as out of time. The court also confirmed that the statutory provisions governing minor civil disputes did not permit the court to entertain a cross-claim that had not been properly filed within the prescribed time limits. The court further noted that the lessor's defective evidence had led to a substantial reduction in the claim, which supported the dismissal of the tenant's cross-claim.
Orders
Orders of the court
The application for leave to appeal is dismissed
Background
Background to the litigation
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Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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