Sinclair v Crawley

[2025] QCATA 8

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Sinclair v Crawley [2025] QCATA 8

PARTIES:

LINDSAY JOHN SINCLAIR

(APPLICANT/APPELLANT)

v

BENJAMIN JOHN CRAWLEY 

(respondent)

APPLICATION NO/S:

APL083-24

ORIGINATING APPLICATION NO:

MCDT445/23 (Southport)

MATTER TYPE:

Appeals

DELIVERED ON:

24 January 2025

HEARING DATE: 

18 November 2024

Brisbane

DECISION OF:

Member Bishop

ORDERS:

1.     Leave to appeal is granted.

2.     Appeal allowed.

3.     The decision made on 26 February 2024 is set aside and the application and counter-application are remitted to the Tribunal below to be considered by a differently constituted Tribunal.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF FACT – where decision in a residential tenancy dispute dismissed the lessors’ claim for compensation – where tenant filed cross-application – where compensation paid to tenant because of the condition of the property – where property was sublet – where unsatisfactory evidence of loss suffered by tenant where sublease not impacted by property condition

Queensland Civil and Administrative Tribunal Act2009 (Qld), s 32, s 143

Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 185, s 214, s 420

Cachia v Grech [2009] NSWCA 232

Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388

Johnson v Perez (1988) 166 CLR 351

McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577

Minister for Immigration and Citizenship v Li (2013) 249 CLR 332

QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41

APPEARANCES & 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

Background

1. The Respondent tenant (‘Mr Crawley’) leased a property (‘the Property’) from the Applicant lessor (‘Mr Sinclair’) pursuant to a residential tenancy agreement. The tenancy commenced on 1 March 2022 and expired on 28 February 2023. The rent was $1,500.00 per week and Mr Crawley agreed to pay a year’s rent upfront (a total of $78,000.00 and $6,000.00 bond).

2. At the conclusion of the lease, no Exit Condition Report was completed. Mr Sinclair claims the Property was not left in the same condition as at the commencement of the lease and he suffered financial losses in excess of the Bond.

What is this application about?

1. Mr Sinclair filed an Application for a Minor civil dispute – residential tenancy dispute (MCDT445/23 – Southport) (‘the MCD Application’) against Mr Crawley claiming an amount of $20,487.00 for the:

   (a)costs of cleaning and gardening at the Property;

   (b)loss of rent; and

   (c)costs of repairing damage to the Property.

2. On 18 October 2023 Mr Crawley filed a Minor civil dispute – counter-application claiming Mr Sinclair was in breach of sections 185(3) and 214 of the Residential Tenancies and Rooming Accommodation Act2008 (Qld) (‘the Act’) and in breach of clauses 25(2) and 30 of the parties’ tenancy agreement (‘the MCD Counter-Application’). Mr Crawley was seeking a refund of rent for the maximum…