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Starr v Sutherland Property Management Group[2016] QCAT 196

Starr v Sutherland Property Management Group[2016] QCAT 196

CITATION:

Starr v Sutherland Property Management Group [2016] QCAT 196

PARTIES:

Catherine Starr

(Applicant)

 

v

 

Sutherland Property Management Group

(Respondent)

APPLICATION NUMBER:

MCDT477-16

MATTER TYPE:

Residential tenancy matters

HEARING DATE:

26 April 2016

HEARD AT:

Southport

DECISION OF:

Adjudicator Mewing

DELIVERED ON:

26 April 2016

DELIVERED AT:

Southport

ORDERS MADE:

  1. The Respondent’s application to be removed as a respondent filed on 18 April 2016 is refused.
  2. The Respondent’s application to change the address of the rental property noted on the Applicant’s originating application to 43 Cedarwood Crescent Robina is granted.
  3. The Application to be joined to a proceeding filed by the Respondent on 18 April 2016 is refused. 

CATCHWORDS:

RESIDENTIAL TENANCIES – miscellaneous matters application to substitute a respondent – miscellaneous matters application to amend address of subject property – application to be joined to a proceeding

Acts Interpretation Act 1954 (Qld) s 35A

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

  1. [1]
    Catherine Starr rented premises managed by Sutherlands Property Management Group.  On 23 March 2016 Ms Starr filed a claim against Sutherlands for compensation arising from her time at the premises. 
  2. [2]
    These reasons for decision are concerned with interlocutory applications made by Sutherlands on 18 April 2016.  Sutherlands filed the following applications:
    1. An Application for Miscellaneous Matters (“Application 1”) seeking:
    1. Change of Respondent from ‘Sutherlands Property Management Group Pty Ltd’ to ‘Bruce Neave’; and
    2. Change of property address; and
    1. An Application to be Joined to a Proceeding (“Application 2”), with the following request:

“Colleen Sutherland and Sharyn Haag represented the Respondent in the matter of Managing Agents for the property known as 43 Cedarwood Crescent Robina.

Further, to join the matters of T218/15 and T177/15.  Both matters held at Coolangatta court and in further evidence of attempts to reconcile matters with the Applicant during the tenure of the tenancy.

T/215/15 – Court orders indicate that due to the on-going frustrations by the Applicant in an attempt to discredit the procedures the tenancy agreement was terminated earlier than the original end date.”   

Application 1

  1. [3]
    Sutherlands has applied to replace its name with that of the lessor, Mr Neave.  The application included no corresponding request from Mr Neave.  A reading of the file suggests that Sutherlands managed the property for the duration of Ms Starr’s tenancy and representatives from Sutherlands would be well acquainted with the history behind Ms Starr’s claims.
  2. [4]
    While Ms Starr brings her application against Sutherlands, she seeks compensation from Sutherlands as agents for Mr Neave.  Section 35A of the Acts Interpretation Act 1954 provides that a reference in an Act (in this case, the Residential Tenancies and Rooming Accommodation Act 2008) to a person as lessor includes a reference to that person’s personal representatives.
  3. [5]
    Accordingly, Mr Neave is effectively bound by decisions of the Tribunal that are made for or against Sutherlands to the extent they relate to the property rented by Ms Starr.  Sutherlands is not affected by any order in its own right. 
  4. [6]
    Given Sutherlands’ representatives’ seemingly intimate knowledge of Ms Starr’s claims, I am of the view that they are the correct respondents and should remain so.  If Mr Neave wishes to be joined he can make his own application. 
  5. [7]
    Sutherlands also applies to amend the address of the rental property.  This is noncontroversial.  
  6. [8]
    Application 1 is granted insofar as it relates to the amendment of the address of the subject property to 43 Cedarwood Crescent Robina.  Application 1 is otherwise refused.

Application 2

  1. [9]
    Application 2 is unclear but seems to request two things: 
    1. That Sharyn Haag represent Bruce Neave in future proceedings involving this matter; and
    2. That matters T218/15 and T177/15 be “joined” to the present claim.    
  2. [10]
    The first of these requests is redundant given the decision on Application 1.  It is therefore refused.
  3. [11]
    The second limb of Application 2 is unclear.  It seeks to join two matters that have already been decided by the Tribunal:  T218/15 was decided on 15 December 2015 and T177/15 was decided on 13 October 2015.  Finalised matters cannot be joined to open matters.
  4. [12]
    If, as I assume, Sutherlands is asking the tribunal to consider evidence tendered in those closed matters as part of this application, it should submit the evidence itself to the extent that evidence is relevant to this claim.
  5. [13]
    Application 2 is refused.

Orders

  1. [14]
    For the reasons set out above, I make the following orders:
  1. The Respondent’s application to be removed as a respondent filed on 18 April 2016 is refused.
  2. The Respondent’s application to change the address of the rental property noted on the Applicant’s originating application to 43 Cedarwood Crescent Robina is granted.
  3. The Application to be joined to a proceeding filed by the Respondent on 18 April 2016 is refused. 
Close

Editorial Notes

  • Published Case Name:

    Starr v Sutherland Property Management Group

  • Shortened Case Name:

    Starr v Sutherland Property Management Group

  • MNC:

    [2016] QCAT 196

  • Court:

    QCAT

  • Judge(s):

    Adjudicator Mewing

  • Date:

    26 Apr 2016

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

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