Three Tree Investments Pty Ltd ATF Ross Court Service Trust v Smit & Tucker

[2016] QCAT 197

CITATION: Three Tree Investments Pty Ltd ATF Ross Court Service Trust v Smit & Tucker [2016] QCAT 197

PARTIES:	Three Tree Investments Pty Ltd ATF Ross Court Service Trust (Applicant)
v
Ben Smit Collin Tucker (Respondents)

APPLICATION NUMBER: MCDO514-16

MATTER TYPE: Other minor civil dispute matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Adjudicator Bertelsen

DELIVERED ON: 6 June 2016

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The application to remove Colin Tucker as a respondent to the Application is refused.

2.    The application is transferred to the Magistrates Court Brisbane for further conduct of the proceeding.

3.    The claim is deemed to have commenced on 15 March 2016.

CATCHWORDS: Other minor civil dispute matters - end of commercial tenancy – improvements made – rectification works required – make-good provisions

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. This is not a debt, it concerns make-good provisions in a commercial lease. The Tribunal has no jurisdiction to hear such an application.

2. Whether the agent Colin Tucker is or is not a proper respondent to the application is the subject of allegation and counter-allegation that is best determined at hearing.

3. Not that it is particularly relevant now, but it is asserted the owner’s agent attended pre-post and post-tenancy and, it seems, confirmed no rectification works were required. In those circumstances, Mr Colin Tucker ought to remain a respondent to the application. His involvement and any liability can best be determined at hearing.

4. This is a damages claim and the Tribunal has no jurisdiction to hear such in its Minor Civil Dispute jurisdiction.