Whiteman v Yates

[2024] QCATA 26

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Whiteman v Yates [2024] QCATA 26

PARTIES:

KATRINA WHITEMAN

(applicant)

v

ANDREA DANJELO YATES

(respondent)

APPLICATION NO/S:

APL152-22

ORIGINATING APPLICATION NO/S:

MCDT 292/22

MATTER TYPE:

Appeals

DELIVERED ON:

4 January 2024

HEARING DATE:

9 May 2023

HEARD AT:

Brisbane

DECISION OF:

Member Carrigan

ORDERS:

1.     The Tribunal orders that the application filed in the Tribunal by the Applicant on 31 May 2022 for leave to appeal or appeal is dismissed.

2.     In the event that any party to the proceedings seeks an order for costs, then that party is to file in the Tribunal two (2) copies and is to give to the other party one (one) copy of its submissions on costs including submissions relating to:

(a) the various matters in s 102 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld);

(b)     specifying the quantum of costs claimed and the way in which those costs have been calculated, including itemising all costs and saying in respect of each cost item how or why that cost was incurred, the nature of the cost incurred including any rate or scale applicable to the calculation on that cost;

(c)     a copy of any retainer or cost agreement relevant to the claim of costs; and

(d)     any other matters relevant to the claim for costs on or before 4.00 pm on Friday, 19 January 2024;

3.     Any party who receives submissions on costs from the other party may file in the Tribunal two (2) copies and is to give to the other party one (1) copy of their submissions, if any, in reply to the other party’s submissions on all before 4.00 pm on Friday, 9 February 2024;

4. Unless any party files in the Tribunal, and gives to the other party, by 4.00 pm on Friday 9 February 2024 a written request for an oral hearing of any application for costs, the Tribunal will determine the cost issue on the submissions filed by the parties, or either of them, pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) without an oral hearing.

5.     If neither party files in the Tribunal submissions on costs on or before 4.00 pm on Friday, 9 February 2024 then each party to the proceedings must bear that party’s own costs for the proceeding.

6.     The parties have liberty to apply to the Tribunal on fourteen (14) days written notice to the other party in respect for any further order or direction in respect of orders 1 to 4 (inclusive) above.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – RESIDENTIAL TENANCY – where dispute about whether the landlord was represented in Tribunal Hearing – whether landlord represented by agent – whether leave given to the agent to represent the landlord – whether Tribunal had jurisdiction to hear the dispute – whether the Tribunal erred in fact and in the local – whether the Tribunal…