Wellington v Richardson
[2015] QCAT 373
•30 July 2015
| CITATION: | Wellington v Richardson [2015] QCAT 373 |
| PARTIES: | Larne Wellington (Applicant) |
| v | |
| Rohan Richardson (Respondent) |
| APPLICATION NUMBER: | MCDT1294-15 |
| MATTER TYPE: | Residential tenancy matters |
| HEARING DATE: | On The Papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Adjudicator A.M Walsh |
| DELIVERED ON: | 30 July 2015 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The application is reopened. |
| CATCHWORDS: | TENANCY – proceeding in absence of Respondent - reopening ground |
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
The Respondent has made an application to reopen the initiating application regarding a rent reduction in respect of mould issues at the property at 32 Accession Street Bardon 4065.
The basis of the application is that Urban Property Agents did not received notice of the initial hearing date or receive the decision of QCAT made on 9 June 2015.
In the submissions filed by the Applicant in response to this Application, she states that she informed an employee of Urban Property Agents, Denise that she had filed an application and a QCAT hearing had been set for 9 June 2015.
On The evening of 8 June 2015, Denise emailed the Applicant to request an extension of one week to try and resolve the issues. On the morning of 9 June 2015 the Applicant informed Denise she would contact QCAT regarding the hearing. The Applicant did not inform Denise that she was told the hearing would proceed, as there were forms to be submitted if the hearing was to be adjourned.
Denise did not attend the hearing.
It was not until three weeks later when the agency sent an email to the Applicant chasing outstanding rent that the agency learnt of the decision.
The Respondent has provided a reasonable excuse for not attending the hearing and the Application for reopening is granted.
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