Young v Smartre Property Management Pty Ltd
[2023] QCAT 434
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- Unreported Judgment
- Young v Smartre Property Management Pty Ltd[2023] QCAT 434
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Young v Smartre Property Management Pty Ltd[2023] QCAT 434
Young v Smartre Property Management Pty Ltd[2023] QCAT 434
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
CITATION: | Young v Smartre Property Management Pty Ltd [2023] QCAT 434 |
PARTIES: | ELIZABETH YOUNG (applicant) v SMARTRE PROPERTY MANAGEMENT PTY LTD (respondent) |
APPLICATION NO/S: | Q2169-23 |
MATTER TYPE: | Residential tenancy matters |
DELIVERED ON: | 22 November 2023 |
HEARING DATE: | On the papers |
HEARD AT: | Brisbane |
DECISION OF: | Justice Mellifont, President |
ORDERS: |
|
CATCHWORDS: | PROCEDURE – STATE AND TERRITORY TRIBUNALS: JURISDICTION, POWERS AND GENERALLY – REOPENING OF PROCEEDINGS – where the applicant was granted leave to attend a hearing by telephone – where the applicant did not receive details on how to call into the hearing, nor was called – where the residential tenancy application was dismissed – where the applicant’s application for reopening was in the form of a letter – whether it is appropriate in the circumstances that the matter be reopened – whether the rule requiring an application for reopening to be in the approved form should be waived Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 61, s 138, s 139 Queensland Civil and Administrative Tribunal Rules 2009 (Qld), r 92 |
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
- [1]The matter was listed to proceed as a minor civil dispute hearing on 14 November 2023. It was dismissed by the sitting adjudicator for non-attendance by either party.
- [2]On 15 November 2023, a letter was received from the applicant, Ms Elizabeth Young, stating that she was granted leave to attend the QCAT hearing by telephone; however, she did not receive any details on how to telephone into the hearing, nor did she receive a call from the adjudicator for the hearing.
- [3]Enquiries made by the Principal Registrar reveal that neither party to the proceeding was telephoned by QCAT at the commencement of the hearing so that they could participate in the hearing. They should have been.
- [4]In the circumstances, it is appropriate that the matter be reopened.
- [5]Ordinarily, an application for a reopening under section 138 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (“QCAT Act”) must be made in the manner prescribed by the Queensland Civil and Administrative Tribunal Rules 2009 (Qld) (“QCAT Rules”), that is, in the approved form: QCAT Rules, r 92.
- [6]However, section 61 of the QCAT Act provides that the Tribunal may, by order, waive compliance with a procedural requirement under the QCAT Act or QCAT Rules.
- [7]I order that the rule that an application for reopening be in the prescribed form is waived. I treat the letter from Ms Young dated 15 November 2023 as an application for reopening. Given that the error which led to the dismissal was QCAT’s, I also waive the requirements in section 139(1) and (2) of the QCAT Act.[1] I proceed pursuant to section 139(3), that is, proceed without a hearing, and will determine the matter on the papers.
- [8]I consider that a reopening ground exists, namely that the applicant was denied the opportunity to prosecute her action due to QCAT not contacting her at the commencement of the hearing.
- [9]I consider that the ground can be effectively and conveniently dealt with by reopening the proceeding under Chapter 2, Part 7, Division 7 of the QCAT Act.
- [10]The requirements for reopening pursuant to section 139(4) are, therefore, met.
Orders
- [11]In the circumstances, I order:
- That the requirement in rule 92 of the QCAT Rules that an application for reopening be in the required form is waived;
- That the requirements in section 139(1) and (2) of the QCAT Act are waived;
- That the proceedings are reopened; and
- That the proceedings be listed for hearing on a future date, as soon as practicable.
Footnotes
[1] Which provide for the opportunity to make written submissions and for the Tribunal to consider such submissions.