Van Zyl v Rentstar

Case [2021] QCATA 120


QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION:

Van Zyl & Anor v Rentstar [2021] QCATA 120

PARTIES: DION VAN ZYL
BRIGETTE VAN ZYL

(appellants)

v

RENTSTAR

(respondent)

APPLICATION NO/S:

APL186-20

ORIGINATING APPLICATION NO/S:

MCDT 326/20 (Brisbane)

MATTER TYPE:

Appeals

DELIVERED ON:

29 September 2021

HEARING DATE:

13 August 2021

HEARD AT:

Brisbane

DECISION OF:

Member Gordon

ORDERS:

1.    Leave to appeal is granted. 

2.    The appeal is dismissed.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL - GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – FOR BIAS IN JUDICIAL PROCEEDINGS – DENIAL OF NATURAL JUSTICE – where an Adjudicator discussed case management and evidential matters in detail with the parties about a counter application for damages in the mistaken belief that such a claim was before the tribunal – whether a demonstration of bias or procedurally unfair – whether appeal succeeds on this and other, grounds

Civil Procedure Rules 1998 (England and Wales), Part 1.4

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 28, s 29
Residential Tenancies and Rooming Accommodation Act 2008 (Qld), s 309

Uniform Civil Procedure Rules 1999 (Qld), r 5(1), r 157, r 480(2), r 573

Birnbaum v Akero [2014] QCATA 18

Cameron v Spalding [2012] QCATA 145
C Davidson and Aboriginal & Islander Child Care Agency(Unreported, AIRC, 12 May 1998) 534/98
Chandra v Queensland Building and Construction Commission [2014] QCA 335
Commissioner for Children and Young People and Child Guardian v Storrs [2011] QCATA 28
Davis v Gray [2018] QCATA 147
Davis v Metro North Hospital and Health Service [2019] QCAT 18
Drift Palm Cove Body Corporate CTS 36253 v Drift Palm
Cove Management Pty Limited [2014] QCATA 005
Ebner v The Official Trustee in Bankruptcy (2000) 205 CLR 337
Grant v Repatriation Commission (1999) FCA 1629
Harbour Day Spa v Tree Harmony [2013] QCAT 692
Harrison and Anor v Meehan [2016] QCATA 197
Harrison & Anor v Meehan [2017] QCA 315
Johnson v Johnson (2000) 201 CLR 488
Lawler v Department of Housing and Public Works, State of Queensland [2017] QCATA 21
Lida Build Pty Ltd v Miller [2010] QCATA 17
Minister for Immigration and Border Protection & Anor v SZSSJ and Anor (2016) 259 CLR 180
MZAIB v Minister for Immigration and Border Protection [2015] FCA 1392
Queensland Building & Construction Commission v Whalley [2018] QCATA 38
Re: Refugee Review Tribunal: Ex parte H (2001) 179 ALR 425
Rowan v Beck [2021] QCATA 20
Salmond v S & S Accounting Services Pty Ltd [2012] QCATA 218
Savage Resorts Pty Ltd v Maksymiuk [2016] QCATA 184
Sloane v WJR Investments Pty Ltd, Ramsey and Galloway [2010] QCAT 647
Stone v Grundy [2018] QCATA 68
SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs & Anor (2006) 228 CLR 152
T.C. Industrial Plant Pty Ltd v Robert’s Queensland Pty Ltd (1963) 180 CLR 130
Thorne v Toowoomba Regional Council & Tytherleigh [2017] QCATA 128

Wellard v Nicol [2017] QCATA 77

APPEARANCES & REPRESENTATION:

Applicant:

Self-represented

Respondent:

Self-represented

REASONS FOR DECISION

  1. This…

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AGLC
Van Zyl v Rentstar [2021] QCATA 120
Case
[2021] QCATA 120
Decision Date

CaseChat Overview and Summary

Van Zyl v Rentstar is an appeal against a decision made by a tribunal, where the appellant challenges the tribunal’s decision on multiple grounds, including allegations of bias and procedural unfairness. The tribunal had been asked to assess a claim for damages, but the appellant argues that the tribunal’s handling of the case, particularly its discussions with the parties about case management and evidential matters, demonstrated bias and denied natural justice.

The primary legal issue before the court was whether the tribunal’s conduct constituted a demonstration of bias or procedural unfairness that would warrant setting aside the tribunal’s decision. The appellant contended that the tribunal’s discussions with the parties about case management and evidential matters, which occurred under the mistaken belief that a counter application for damages was before the tribunal, amounted to a failure to observe the rules of natural justice. The appellant further argued that this constituted a ground for appeal.

The court considered whether the tribunal's conduct was indeed so unfair as to deny natural justice. It examined the extent of the tribunal's engagement with the parties and whether this engagement was influenced by the mistaken belief about the nature of the claims before it. The court concluded that the tribunal's actions did not reach the threshold of unfairness required to constitute a breach of natural justice. Consequently, the appeal was dismissed, and leave to appeal was granted solely for the purposes of allowing the appeal to be heard and determined on its merits.

Orders

Orders of the court

1. Leave to appeal is granted.

2. The appeal is dismissed.

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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