Tan v Letonly.Com Pty Ltd

Case •

[2016] QCAT 437

•

14 November 2016

CITATION:

Tan v Letonly.Com Pty Ltd [2016] QCAT 437

PARTIES:

Christina Mee Noi Tan
(Applicant)
v

Letonly.Com.Pty Ltd t/a Letonly.Com (Respondent)

APPLICATION NUMBER:

MCDT1816-15

MATTER TYPE:

Residential tenancy matters

HEARING DATE:

29 September 2016

HEARD AT:

Brisbane

DECISION OF:

Adjudicator Anna Walsh

DELIVERED ON:

14 November 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

1.    Application to Amend Order is Refused

CATCHWORDS:

Parties – amendment of order after Tribunal hearing

APPEARANCES:

This matter 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

  1. On 7 April 2016 this Application was heard and determined by the Tribunal and a final Order made.

  2. On 5 September 2016 the Applicant applied by way of Application for Miscellaneous Matters to amend the name of the Respondent from Letonly.com Pty Ltd to Pia Rousseau as Letonly.com Pty Ltd trading as Letonly.com.

  3. I considered the Application and refused it. The Applicant has now requested reasons for that decision.

  4. The initiating application filed on 10 July 2015 was a residential tenancy dispute in which the Applicant claimed compensation for breaches of the tenancy agreement.

  5. The relevant tenancy agreement started on 30 January 2012 and was to end on 30 January 2016. The parties named in the tenancy agreement were the Applicant and Respondent. Ms Rousseau was not listed as a tenant in the agreement.

  6. The tenancy ended on 28 January 2015 when keys were returned by the tenant.

  7. Although in the Application the Applicant named the Respondent as Pia Rousseau as LetOnly.com Pty Ltd t/a Letonly.com the only Respondent to the claim can be the tenant as listed on the tenancy agreement.  Ms Rousseau may have resided in the property and/or be a representative of the company but she is not the tenant named in the agreement.

  8. The Application was heard in the Tribunal on 9 September 2015, 2 March 2016 and 7 April 2016. On each occasion the only Respondent named in the proceedings was LetOnly.com.Pty.Ltd t/a Letonly.

  9. On each date the Applicant was represented by her appointed agent and the claim proceeded without issue against the named Respondent.

  10. Final orders were made on 7 April 2016 and the jurisdiction of the Tribunal is exhausted.

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