Stone Real Estate v Miller

Stone Real Estate (the Lessor) brought a claim against Miller (the Tenants) in the Queensland Civil and Administrative Tribunal (QCAT) for unpaid rent, and the Tenants counterclaimed for wrongful eviction and removal costs. The dispute centred on whether the Lessor properly served a notice to terminate the lease on the basis that the premises were unliveable. The Tenants argued that the notice was invalid, and they were unlawfully evicted. The Tribunal initially found that the notice to terminate was invalid, and the Tenants' counterclaim was successful. The Tribunal awarded the Tenants $6,449.70 in compensation and ordered the Lessor to refund the Tenants' bond of $1,560. The Lessor sought leave to appeal the Tribunal's decision, arguing that the award of compensation was excessive and that the Tribunal should reassess the claim.

The appeal centred on whether the Tribunal erred in finding that the Lessor's notice to terminate the lease was invalid. The Tribunal's determination that the premises were not unliveable was pivotal. The Lessor had provided two reports, one from a licensed builder and the other from a handyman, which suggested extensive termite damage. However, the Tribunal found that these reports did not conclusively establish that the premises were unliveable. The court noted that for an appeal to succeed, the findings of fact must be either unsupported by evidence or 'glaringly' unreasonable. The court found that the Tribunal's decision was not without support in the evidence, nor was it unreasonable. The court therefore allowed the appeal, set aside the Tribunal's orders, and remitted the proceedings for rehearing before a different adjudicator.