| CITATION: | Wong v Pie & Wood [2014] QCATA 50 |
| PARTIES: | Alice Wong Leon Wong (Appellants) |
| v | |
| Tayla Pie Alexandra Wood (Respondents) |
| APPLICATION NUMBER: | APL556-13 |
| MATTER TYPE: | Appeals |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Dr J R Forbes, Member |
| DELIVERED ON: | 24 March 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Leave to appeal is granted. 2. The appeal is allowed. 3. The orders made by the Tribunal on 3 December 2013 are varied to read as follows: It is ordered that the Respondents pay to the Applicants the sum of $6,486.29 made up as follows: Rental arrears of $5,350.00 Less bond paid to Lessors $2,140.00. |
| CATCHWORDS: | APPEAL – LEAVE TO APPEAL – MINOR CIVIL DISPUTE – RESIDENTIAL TENANCY DISPUTE – where lease terminated for non-payment of rent – where re-letting at lower rent – whether lessors entitled to damages for reduction in rent from date of new lease to date when respondents’ lease was due to expire – whether landlords’ entitled to damages for re-letting expenses – whether tribunal erred in dismissing either or both of those claims – whether those claims are a compensable consequence of lessees’ breach – whether leave to appeal should be granted – whether appeal should be allowed Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 32, 45 Abdullahi v Taxi Council of Queensland Incorporated & Anor [2011] QCAT 374 |
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 (Qld) (QCAT Act).
REASONS FOR DECISION
The appellants (“the landlords”) made a fixed term agreement[1] with the respondents (“the tenants”) to lease premises in Wickham Street, Fortitude Valley, from 29 March 2013 to 28 March 2014. Somewhat surprisingly, the agreement is not in evidence, but apparently it was in the form of a general tenancy agreement (Form 18a) under the Residential Tenancies and Rooming Accommodation Act 2008 (“the RTRAA”), with no special terms.
[1]Within the meaning of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) s 70.
The rent payable by the tenants fell into arrears. A termination order, effective on 20 September 2013 was executed on 3 October 2013.
On 5 November 2013 the landlords commenced proceedings against the…
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- AGLC
- Wong v Pie and Wood [2014] QCATA 50
- Case
- [2014] QCATA 50
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the tribunal erred in dismissing the landlords' claims for loss of rent and re-letting expenses, and whether those claims were a compensable consequence of the tenants' breach of lease. The court also needed to decide whether the tribunal's decisions were affected by errors of law, and whether an injustice would be done if the tribunal's orders were allowed to stand.
The court found that the tribunal had erred in law in dismissing the landlords' claims. The loss of rent and re-letting expenses were a direct consequence of the tenants' breach of lease by failing to pay rent. The landlords were entitled to compensation for the lost income and re-letting costs. Therefore, leave to appeal was granted, and the appeal allowed. The tribunal's orders were varied to include compensation of $6,486.29 for rental arrears, filing fee, and compensation less bond paid.
Orders
Orders of the court
1. Leave to appeal is granted.
2. The appeal is allowed.
3. The orders made by the Tribunal on 3 December 2013 are varied to read as follows:
It is ordered that the Respondents pay to the Applicants the sum of $6,486.29 made up as follows:
Rental arrears of $5,350.00
Filing fee $101.40
Compensation in the amount of $3,174.89
Less bond paid to Lessors $2,140.00.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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