QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Zuletta & Anor v Nicholas Daoud & Co Pty Ltd & Anor [2023] QCATA 151
PARTIES:
ADELIZA ZULETTA AND FERNANDO ZULETTA (applicant/appellant)
v
NICHOLAS DAOUD & CO PTY LTD (first respondent)
and
NATIONAL AFFORDABLE HOUSING CONSORTIUM LTD
(SECOND RESPONDENT)
APPLICATION NO/S:
APL155-22
ORIGINATING APPLICATION NO/S:
MCDT2726/21 (Brisbane)
MATTER TYPE:
Appeals
DELIVERED ON:
26 November 2023
HEARD AT:
Brisbane
DECISION OF:
Member Lember
ORDERS:
1. Leave to appeal the decision of 5 May 2022 (MCDT2726/21) is refused.
2. The application is dismissed.
CATCHWORDS:
APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – where applicant applied for leave to appeal – where tenancy dispute involved compensation claims by each party against the other – where bond held by the Residential Tenancies Authority – where tenancy ended upon termination by earlier tribunal decision – where reopening of termination decision refused – where tenants claimed compensation for wrongful termination – whether reasonable prospect of substantive relief – leave to appeal refused
Residential Tenancies and Rooming Accommodation Act 2008 Qld s 83, s 94, s 183, s 185, s 188, s 217, s 277, s 291, s 292, s 293, s 329, s 353, s 362, s 414A, s 415, s 416, s 417, s 419, s 420, s 429
Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 12, s 32, s 143, Schedule 3
Austin v Bonney [1999] 1 Qd R 114
Big4 Brisbane Northside Caravan Village v Schliebs [2012] QCAT 277
Bucknell v Robins [2008] QCA 214
Cachia v Grech [2009] NSWCA 232
Clarke v Japan Machines (Australia) Pty Ltd [1984] 1 Qd R 404
Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388
Gould v Mazheiko & Gill [2020] QCATA 10
Griffin v Gini [2011] QCATA 325
Gubier v Queensland Department of Housing and Public Works [2020] QCATA 23
Hong v Hutton [2018] QDC 124
McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577
Proudfoot v Hart [1890] 25 QBD 42
Roberts v McGrath Estate Agents Springfield [2021] QCAT 427
Smolcic v Ray White Rockhampton [2021] QCATA 136QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41
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
What is this application about?
Ms Zuletta and her son, Mr Zuletta were long-term tenants of Nicholas Daoud & Co Ltd (‘Daoud’) in a tenancy managed by the National Affordable Housing Consortium Ltd (‘NAHC’). These proceedings concern the Zulettas’ application for leave to appeal,[1] and, if successful, the appeal against a decision of the Tribunal below made on 5 May 2022 that determined, in the respondents’ favour, claims by each party against the other for compensation upon the ending of the tenancy.
[1]Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT…
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- Case
- [2023] QCATA 151
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether Zuletta had a reasonable prospect of obtaining substantive relief on appeal. The court considered whether the appeal presented a significant question of law of general public importance or whether it involved an error of law that warranted an appeal. The court also examined whether the appeal had a reasonable prospect of success, considering the merits of the case and the likelihood of the appeal being successful.
The court found that the appeal did not present a significant question of law of general public importance, nor did it involve an error of law that warranted an appeal. The court determined that there was no reasonable prospect of the applicant obtaining substantive relief on appeal. The court also noted that the reopening of the termination decision was refused, and the tenancy had already ended. Consequently, the court concluded that the appeal did not meet the criteria for leave to appeal.
Accordingly, the court refused Zuletta’s application for leave to appeal the decision of 5 May 2022. The application was dismissed, and no further appeal was permitted. The court’s decision effectively upheld the earlier tribunal decision, which had terminated the tenancy and refused any compensation claims by the applicant.
Orders
Orders of the court
1. Leave to appeal the decision of 5 May 2022 (MCDT2726/21) is refused.
2. The application 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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