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The Tribunal terminated a residential tenancy on the basis of a failure to leave despite a claim that the tenant had an equitable interest in the property.
Primary Judgment
[2010] QCATA 84
16 Nov 2010
Leave to appeal granted. Decision below stayed pending filing claim in Court in respect equitable claim to be entitled to occupy residental premises: Judge Fleur Kingham, Deputy President.
Primary Judgment
DC832/11 (No citation)
18 Jul 2011
The plaintiff was the father of the defendants. The defendants had sucessfully obtained an order in QCAT that a tenancy agreement of a residential unit with the plaintiff had terminated. The plaintiff (a bankrupt) applied for a declaration that he had by an agreement with the defendants a tenancy for life. The claim was struck out on the basis that, as a bankrupt, any property had passed to the trustee in bankruptcy and there was no standing.
QCA Interlocutory Judgment
[2012] QCA 81
03 Apr 2012
The lawyers for the applicant - Mr King in the Court of Appeal had purported to change the terms of their retainer from pro bono to being able to charge if the appeal was successful and sought costs of the appeal. Application dismissed: Chesterman JA, White JA, M Wilson AJA.
Appeal Determined (QCA)
[2012] QCA 39 [2012] 2 Qd R 448
06 Mar 2012
Mr King appealed. Appeal allowed. Mr King had an arguable claim that his right to occupy the unit was a personal right or privilege, not a right of property capable of realisation for the benefit of his creditors. No order as to costs: Chesterman JA, White JA, M Wilson AJA.
Appeal Status
Appeal Determined (QCA)
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