QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Wain & anor v Palm Lake Resort Pty Ltd [2022] QCATA 110
PARTIES:
JEANETTE WAIN & RAYMOND WESTCOTT (applicants/appellants)
v
PALM LAKE RESORT PTY LTD (respondent)
APPLICATION NO/S:
APL272-21
ORIGINATING APPLICATION NO/S:
OCL007-20
MATTER TYPE:
Appeals
DELIVERED ON:
1 August 2022
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Judicial Member D J McGill SC
ORDERS:
1. Appeal allowed
2. Decision of the Tribunal of 26 February 2021 set aside
3. The matter is remitted to the Tribunal for re-hearing by a different Member
CATCHWORDS:
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – Appeal – relevant evidence overlooked – whether appeal on a question of law - whether breach of rules of natural justice – appeal allowed
Manufactured Homes (Residential Parks) Act 2003 (Qld) s70
Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 28(2)(a), 142(3)(b)
Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280
Commissioner for Liquor and Gaming v Farquhar Corporation Pty Ltd [2018] QCA 202
Minister for Immigration and Citizenship v Li (2013) 249 CLR 332
Osland v Secretary, Department of Justice (2010) 241 CLR 320
Pivovarova v Michelsen (2019) 2 Q R 508
Powell v Queensland University of Technology [2018] 2 Qd R 276
Priddy v M & T Entriken Pty Ltd [2020] QCAT 107
Seirlis v Queensland Building and Construction Commission [2020] QCATA 37
APPEARANCES & REPRESENTATION:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)
REASONS FOR DECISION
The appellants are home owners at the Palm Lakes Resort owned by the respondent, and pay site rent to it. The resort is governed by the Manufactured Homes (Residential Parks)Act 2003 (Qld) (“the Act”). They received from the respondent a notice dated 17 May 2019 advising a general increase in site rent, said to be by way of a market review under the terms of their site agreement. The appellants disputed this increase, and applied to the Tribunal, under the Act s 70(3), s 115. On 26 February 2021, the Tribunal dismissed the application. The appellants filed an application for reopening that decision, but on 13 September 2021 a Senior Member ordered that the application proceed as an application for leave to appeal and appeal. That is what is before me.
This was an appeal from a decision of a Member of the Tribunal exercising the original jurisdiction of the Tribunal. Under the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (“the QCAT Act”) s 142 the appellants have a right to appeal on a question of law, to be decided in accordance with the QCAT Act s 146, but require leave to appeal on a question of fact, or mixed fact and law: the QCAT Act s 142(3)(b). On the face of it the appellants are not seeking leave to appeal, so the appeal must be dealt with under s 146.
Decision of Member
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- Case
- [2022] QCATA 110
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the appeal was validly on a question of law and whether there had been a breach of natural justice by the Tribunal. The court was required to determine if the Tribunal had failed to consider pertinent evidence, which could have influenced the outcome of the case, and if such an omission constituted a breach of natural justice. Additionally, the court examined whether the grounds for appeal were sufficient to warrant setting aside the Tribunal's decision.
In its reasoning, the court found that the Tribunal indeed overlooked relevant evidence that was crucial to the plaintiff's case. This oversight was significant enough to potentially affect the decision, thereby constituting a breach of natural justice. The court determined that the appeal was validly on a question of law, as the error in the Tribunal's consideration of evidence was a fundamental procedural flaw. Consequently, the court allowed the appeal, set aside the Tribunal's decision, and remitted the matter back to the Tribunal for re-hearing by a different Member to ensure impartiality and a fair consideration of all relevant evidence.
Orders
Orders of the court
1. Appeal allowed
2. Decision of the Tribunal of 26 February 2021 set aside
3. The matter is remitted to the Tribunal for re-hearing by a different Member
Background
Background to the litigation
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Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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