Wysocki v Etri

Case [2024] QCATA 104


QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION:

Wysocki v Etri [2024] QCATA 104

PARTIES:

ARKADIUSZ PETER WYSOCKI

(applicant/appellant)

v

ELIJAH ETRI 

(respondent)

APPLICATION NO/S:

APL0306-22

ORIGINATING APPLICATION NO/S:

MCDT0188/22 (Holland Park)

MATTER TYPE:

Appeals

HEARD ON:

3 September 2024

HEARD AT:

Brisbane

DECISION OF:

A/Senior Member Lember

ORDERS:

1.     Leave to appeal the decision of 26 September 2022 (MCDT0188/22 – Holland Park) is refused.

2.     The application for leave to appeal is dismissed.

CATCHWORDS:

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where lessor did not appear at the first instance hearing – where tenant awarded bond at end of tenancy – where lessor disputes the award and claims compensation – where no error of law – leave to appeal refused

Residential Tenancies and Rooming Accommodation Act 2008 Qld s 188, s 362, s 416, s 419, s 420, s 421

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 32, s 102, s143

Alderton & Anor v Wide Bay Constructions Pty Ltd [2017] QCATA 147

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321
Cachia v Grech [2009] NSWCA 232
Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388
Griffin v Gini [2011] QCATA 325
Gubier v Queensland Department of Housing and Public Works [2020] QCATA 23
Hempel v Richardson & Wrench Hervey Bay [2018] QCATA 170
JM v QFG and KG [1998] QCA 228
McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577
Meyer-Rochow v Lim & Anor [2017] QCATA 71
Minister for Immigration and Citizenship v SZMDS & Another (2010) 240 CLR 611

QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41

APPEARANCES & REPRESENTATION:

Applicant/appellant: 

Self-represented.

Respondent: 

No appearance.

REASONS FOR DECISION

What is this application about?

  1. Mr Wysocki applied for leave to appeal,[1] and, if successful, to appeal against a decision of the Tribunal below made on 26 September 2022 that awarded him only $100.00 of the $2,740.00 bond held for his tenancy with Mr Van Wyk and others (the decision).

    [1]Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act), s 143(3).

  2. In determining whether to grant leave to appeal, the Appeal Tribunal must be satisfied that, relevantly:

    (a)there is a reasonably arguable case of error in the primary decision;[2]

    (b)there is a reasonable prospect that the appellant will obtain substantive relief;[3] and

    (c)leave is needed to correct a substantial injustice caused by the error;[4] or

    (d)there is a question of general importance upon which further argument, and a decision of the Appeal Tribunal, would be to the public advantage.[5]

    [2]QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41.

    [4]QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41.

    [5]Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388, 389; McIver Bulk Liquid Haulage Pty Ltd…

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Details
AGLC
Wysocki v Etri [2024] QCATA 104
Case
[2024] QCATA 104
Decision Date

CaseChat Overview and Summary

The appellant, Wysocki, brought an appeal against the decision made by the respondent, Etri, in the Magistrates' Court of Disputed Titles. The matter concerned a dispute over a bond at the end of a tenancy. The initial hearing resulted in an award to the tenant, which the lessor, Wysocki, contested. The lessor sought compensation but was ultimately unsuccessful. Dissatisfied with the outcome, the lessor applied for leave to appeal to a higher court.

The central legal issue before the court was whether there was a valid basis for the appeal. Specifically, the court needed to determine if the lessor had demonstrated an error of law that warranted the granting of leave to appeal. Additionally, the court had to consider whether the absence of the lessor at the first instance hearing constituted a procedural irregularity that might affect the appeal's outcome.

The court found that the lessor had not demonstrated any error of law in the first instance decision. The court emphasised that the absence of the lessor at the hearing did not constitute a procedural irregularity that would warrant the granting of leave to appeal. The decision was sound, and there were no grounds for an appeal based on error of law. Consequently, the application for leave to appeal was dismissed, and the lessor was denied the right to appeal the original decision.

Orders

Orders of the court

1. Leave to appeal the decision of 26 September 2022 (MCDT0188/22 – Holland Park) is refused.

2. The application for leave to 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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