Trimble v Babet

[2013] QCATA 81

CITATION: Trimble v Babet [2013] QCATA 081

PARTIES:	Margaret Trimble (Applicant/Appellant)
v
John Babet (Respondent)

APPLICATION NUMBER: APL279-12

MATTER TYPE: Appeals

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Justice Alan Wilson, President

DELIVERED ON: 11 March 2013

DELIVERED AT: Brisbane

ORDERS MADE:

1.     Leave to appeal granted.

2.     Appeal allowed.

3.     The Tribunal’s decision of 23 July 2012 ordering Margaret Trimble pay compensation to John Babet fixed in the sum of $25 per week, a total of $800, is set aside.

4.     John Babet must file a Dispute Resolution Request with the Residential Tenancies Authority before applying to the Tribunal for a rent decrease.  

CATCHWORDS:

APPEALS – LEAVE TO APPEAL – MINOR CIVIL DISPUTE – RESIDENTIAL TENANCY –- where the respondent entered into a tenancy agreement with the applicant – where there was existing water damage to cupboards and drawers in the kitchen – where the water damage was not rectified for 32 weeks – where the Magistrate ordered the applicant pay the respondent $800 for rent reduction – where the applicant seeks leave to appeal that decision on the grounds the Magistrate erred in law – where the claim was filed as an urgent application – where the applicant also sought compensation which was not a type of urgent application – whether the Tribunal when dealing with ‘urgent applications’ under the Residential Tenancies and Rooming Accommodation Act 2008 can also determine non-urgent claims – where leave to appeal granted

Big4 Brisbane Northside Caravan Village v Schliebs [2012] QCAT 277, applied

Cachia v Grech [2009] NSWCA 232, cited
Campbell v Donker [2013] QCATA 6, applied
Glenwood Property Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388, cited
Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577, cited
QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41, cited

Queensland Civil and Administrative Tribunal Act 2009, s 32, s 142
Residential Tenancies and Rooming Accommodation Act 2008, s 70, s 94, s 292, s 311, s 402, s 415, s 416, s 419

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (‘QCAT Act’).

REASONS FOR DECISION

Background

[1]John Babet entered into a General Tenancy Agreement with Margaret Trimble on 6 April 2011. Godwin Witten Realty (‘the agent’) was the managing agent for the property.

[2]The Entry Condition Report, dated 5 April 2011, shows the cupboards and drawers in the kitchen as ‘clean’, ‘undamaged’ and ‘working’. However, the report includes comments by the agent which state:

CHIPS TO DRAWERS & BASE OF CUPBOARDS SWELLING AND LIFTING & SHELF UNDER SINK IS WATER DAMAGED & CHIPBOARD IS CHIPPED, 2 CUPBOARD DOORS NEED REPLACING – WATER DAMAGED

[3]The report also shows John Babet’s request of Mrs Trimble to ‘replace [the] damaged parts’.

[4]Mr Babet claims the water damage in the kitchen caused mould…