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Cross v Roberts[2016] QCATA 143

CITATION:

Cross v Roberts [2016] QCATA 143

PARTIES:

Peter Cross

(Applicant/Appellant)

v

Neil Roberts

Carol Roberts

(Respondents)

APPLICATION NUMBER:

APL103-16

MATTER TYPE:

Appeals

HEARING DATE:

On the papers

HEARD AT:

Brisbane 

DECISION OF:

Senior Member Stilgoe OAM

DELIVERED ON:

30 September 2016

DELIVERED AT:

Brisbane

ORDERS MADE:

  1. Leave to appeal refused.

CATCHWORDS:

APPEAL – LEAVE TO APPEAL – LANDLORD AND TENANT – RESIDENTIAL TENANCIES LEGISLATION – OBLIGATIONS, PROHIBITED MATTERS AND PROTECTION FOR LESSEES – RENTAL BOND OR SECURITY DEPOSITS – Residential Tenancies and Rooming Accommodation Act 2008 (Qld)where bond used for cleaning and rubbish removal – where tenant  objected to cost of work – where tribunal dismissed tenant’s application – whether grounds for leave to appeal

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 142(3)(a)(i)

Chambers v Jobling (1986) 7 NSWLR 1

Dearman v Dearman (1908) 7 CLR 549

Fox v Percy (2003) 214 CLR 118

Pickering v McArthur [2005] QCA 294

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]
    Peter Cross rented a home from Neil and Carol Roberts. When he left, Mr and Ms Roberts cleaned the home, dumped some goods Mr Cross left, repaired the blinds and replaced a knob. Most of the $1100 bond was absorbed by these costs, plus some outstanding rent.
  2. [2]
    Mr Cross filed an application for return of the bond in full. The tribunal dismissed his application.
  3. [3]
    Mr Cross wants to appeal that decision. Because this is an appeal from a decision of the tribunal in its minor civil disputes jurisdiction, leave is necessary.[1] Leave to appeal will usually be granted where there is a reasonable argument that the decision is attended by error, and an appeal is necessary to correct a substantial injustice to the applicant caused by that error.[2]
  4. [4]
    Mr Cross says that the amount of $560 taken to dump two cardboard boxes was excessive. He says he took all rubbish to the dump. He says that he was not shown a receipt for the house clean and that the charge for this item was excessive.
  1. [5]
    The appeal tribunal will not usually disturb findings of fact on appeal if the evidence is capable of supporting the conclusions.[3]  An appellate tribunal may interfere if the conclusion is ‘contrary to compelling inferences’ in the case.[4] 
  1. [6]
    Mr Cross is incorrect in his submission that the tribunal allowed $560 for Mr and Ms Roberts’ actions in dumping rubbish. In fact, the Roberts claimed $102, made up of $12 dump fees and three hours labour at $30 per hour. The tribunal found this was a reasonable charge.[5] I agree that the evidence can support the tribunal’s finding and there is no compelling reason to come to a different view.
  1. [7]
    Mr Cross says that the Roberts could have left the rubbish at the community bin, as he intended to do, and it would have been collected in a few days. Mr Cross raised this argument before the tribunal.[6] Mr Roberts told the tribunal that the rubbish would have to sit there for almost a week because the bins had just been collected and then refilled so that they were ‘chockers’.[7] The tribunal was entitled to find that the Roberts’ action in taking the rubbish to the dump was reasonable and I can find no compelling evidence to justify a contrary view.
  1. [8]
    Mr Cross conceded he did not take all his rubbish when he left the tenancy.[8] He cannot now say that he did not leave any rubbish at the tenancy. I do not accept this ground of appeal.
  1. [9]
    Mr Roberts produced a receipt for the house clean to the tribunal.[9] Mr Cross told the tribunal that the cost was excessive,[10] but he produced no evidence to support that submission. The tribunal found that the charge was reasonable[11] and explained why. The evidence can support the tribunal’s decision and I can find no reason to come to a different view.
  1. [10]
    There is no reasonably arguable case that the tribunal was in error. Leave to appeal should be refused.

Footnotes

[1]   QCAT Act s 142(3)(a)(i).

[2]Pickering v McArthur [2005] QCA 294 at [3].

[3] Dearman v Dearman (1908) 7 CLR 549 at 561; Fox v Percy (2003) 214 CLR 118 at 125-126.

[4] Chambers v Jobling (1986) 7 NSWLR 1 at 10.

[5]  Transcript page 1-34, line 30.

[6]  Transcript page 1-33.

[7]  Transcript page 1-37, lines 8 – 11.

[8]  Transcript pages 1-7, lines 18 – 19; 1-33, lines 35 – 39.

[9]  Transcript page 1-9, line 11.

[10]  Transcript page 1-32, lines 30 – 34.

[11]  Transcript page 1-32, lines 42 – 44.

Close

Editorial Notes

  • Published Case Name:

    Cross v Roberts

  • Shortened Case Name:

    Cross v Roberts

  • MNC:

    [2016] QCATA 143

  • Court:

    QCATA

  • Judge(s):

    Senior Member Stilgoe OAM

  • Date:

    30 Sep 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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