CITATION: | Stockdale & Leggo v Gordon [2017] QCATA 112 |
PARTIES: | Stockdale & Leggo Caloundra |
| v | |
| Craig Gordon (Respondent) | |
APPLICATION NUMBER: | APL112-17 |
MATTER TYPE: | Appeals |
HEARING DATE: | On the papers |
HEARD AT: | Brisbane |
DECISION OF: | Member Gordon |
DELIVERED ON: | 17 October 2017 |
DELIVERED AT: | Brisbane |
ORDERS MADE: | 1. Leave to appeal is granted. 2. The matter is remitted to the tribunal for reconsideration of the claims about the floor and blinds. 3. The claims about the floor and blinds shall be treated by the tribunal as if they were brought by counter application by Stockdale & Leggo against Craig Gordon in Maroochydore MCDT 61/17. 4. In the remitted hearing, the tribunal may take into account the documentary material lodged in the original claim and in the appeal, and the evidence given by the parties at the hearing on 24 March 2017. 5. To enable that to happen, a copy of the transcript and the submissions on the appeal file shall be provided to the tribunal for its remitted hearing. |
CATCHWORDS: | APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where bond claim heard by the tribunal – where tribunal refused to take into account quotes to repair where the repair had not been carried out and the premises had been relet – where tribunal told the applicant that they could apply to reopen when repairs were eventually done – whether errors of law LANDLORD AND TENANT – COVENANTS TO REPAIR – MEASURE OF DAMAGES FOR BREACH – where floor and blinds damaged by tenant – where tenant had done some repairs which lessor considered unsatisfactory – where no further repairs had been carried out by lessor – correct approach to the assessment of compensation Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 146 Davidson v J S Gilbert Fabrications Pty Ltd [1986] 1 Qd R 1 Robinson v Harman (1848) 1 Exch 850 |
APPEARANCES: |
This appeal was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).
REASONS FOR DECISION
When Craig Gordon’s residential tenancy ended, he was in dispute with the lessor’s real estate agents Stockdale & Leggo Caloundra, about what should happen to the rental bond held by the Residential Tenancies Authority. He applied to the tribunal to have this dispute resolved.
At the hearing on 24 March 2017 before Justices of the Peace, Stockdale & Leggo were successful in their claims from the bond in respect of rent and electricity, but failed in their claims in respect of damage to the floor and to the blinds.
In this appeal they say that the tribunal erred in the way it approached the claims about…
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- Case
- [2017] QCATA 112
- Decision Date
CaseChat Overview and Summary
The legal issues in the appeal were whether the tribunal had erred in law in refusing to take into account the quotes to repair where the repair had not been carried out and the premises had been relet, and whether the tribunal had erred in law in its approach to the assessment of compensation for the damage to the floor and blinds. The appellants submitted that the tribunal had erred in law in refusing to take into account the quotes to repair where the repair had not been carried out and the premises had been relet. The tribunal had been wrong to say that it could not take into account the quotes because they were hypothetical and did not represent the actual cost of the repairs. The tribunal had also been wrong to say that the fact that the premises had been relet meant that the quotes were irrelevant. The appellants submitted that the tribunal had also erred in law in its approach to the assessment of compensation for the damage to the floor and blinds. The tribunal had not taken into account that the appellants had carried out some repairs and that the respondent had not carried out any further repairs. The tribunal had also not taken into account that the respondent had breached the covenant to repair.
The appeal was allowed. The tribunal had erred in law in refusing to take into account the quotes to repair where the repair had not been carried out and the premises had been relet. The tribunal had been wrong to say that it could not take into account the quotes because they were hypothetical and did not represent the actual cost of the repairs. The tribunal had also been wrong to say that the fact that the premises had been relet meant that the quotes were irrelevant. The tribunal had also erred in law in its approach to the assessment of compensation for the damage to the floor and blinds. The tribunal had not taken into account that the appellants had carried out some repairs and that the respondent had not carried out any further repairs. The tribunal had also not taken into account that the respondent had breached the covenant to repair. The matter was remitted to the tribunal for reconsideration of the claims about the floor and blinds. The claims about the floor and blinds shall be treated by the tribunal as if they were brought by counter application by Stockdale & Leggo against Craig Gordon in Maroochydore MCDT 61/17. In the remitted hearing, the tribunal may take into account the documentary material lodged in the original claim and in the appeal, and the evidence given by the parties at the hearing on 24 March 2017. A copy of the transcript and the submissions on the appeal file shall be provided to the tribunal for its remitted hearing.
Orders
Orders of the court
1. Leave to appeal is granted.
2. The matter is remitted to the tribunal for reconsideration of the claims about the floor and blinds.
3. The claims about the floor and blinds shall be treated by the tribunal as if they were brought by counter application by Stockdale & Leggo against Craig Gordon in Maroochydore MCDT 61/17.
4. In the remitted hearing, the tribunal may take into account the documentary material lodged in the original claim and in the appeal, and the evidence given by the parties at the hearing on 24 March 2017.
5. To enable that to happen, a copy of the transcript and the submissions on the appeal file shall be provided to the tribunal for its remitted hearing.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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