Doctor v Umpi Korumba ATSIC for housing

Case [2013] QCAT 72
CITATION: Doctor v Umpi Korumba ATSIC for housing [2013] QCAT 72
PARTIES: Jennifer Doctor
(Applicant)
v
Umpi Korumba ATSIC for housing
(Respondent)
APPLICATION NUMBER: MCDT1936-12
MATTER TYPE: Residential tenancy matters
HEARING DATE: On the papers
HEARD AT: Brisbane
DECISION OF: Jim Allen, Member
DELIVERED ON: 30 January 2013
DELIVERED AT: Brisbane
ORDERS MADE:

1.   The order of the Tribunal made on 14 December 2012 is vacated.

2.   Umpi Korumba ATSIC for housing pay Ms Jennifer Doctor the amount of $5,094.60 as compensation for breach of a lease on or before 14 February 2013.
CATCHWORDS:

Minor Civil Dispute – Residential Tenancy –breach of covenant to keep in good repair –compensation – contravening of Tribunal order – Correcting Tribunal Mistake

Queensland Civil and Administrative Tribunal Act 2009, s 135

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.

REASONS FOR DECISION

  1. The Tribunal made its decision in respect of the original application on 14 December 2012. Umpi Korumba ATSIC for housing has now applied under s 135 of the QCAT Act for the Tribunal to correct its decision due to an arithmetic error. The Tribunal may correct a decision made by it in a proceeding if among other things the decision contains a clerical mistake.

  2. Ms Doctor was given an opportunity to make submissions and she indicated that she did not wish to make any submissions.

  3. In this case the mistake relates to the calculation of the number of days between various dates.  Umpi Korumba ATSIC for housing has no dispute with the dates only the days between those dates to be used in calculating the compensation to be paid to Ms Doctor which were overstated in the original decision.  The Tribunal accepts that this is a clerical error and will correct it as follows:

    a)    The correct amount of compensation is $5,094.60 calculated as follows:

    i)Difference in rent from 13 March 2012 to 17 May 2012:-

    $90.00/7 days = $12.85

    $12.85 x 66 days = $848.10

    Difference in rent from 18 May to 31 October 2012   

    $95.00/7 days = $13.57

    $13.57 x 167 days = $2,266.19

    ii)Storages fees from 13 March 2012 to 31 October 2012:-

    $187.00/30 days = $6.23

    $6.23 x 233 days = $1,451.59

    iii)Mail re-direction from 13 March 2012 to 30 September 2012:-

    $28.00/90 days 202/90 = 2.24 rounded

    $28.00 x 2.24 = $62.72

    iv)Water rates from 13 March 2012 to 31 October 2012:-

    $180.00/90 days = $2.00

    $2.00 X 233 Days = $466.00

  4. An extra fourteen (14) days will also be given for the payment of the compensation.  In all other respects the original decision of the Tribunal is confirmed.

Details
AGLC
Doctor v Umpi Korumba ATSIC for housing [2013] QCAT 72
Case
[2013] QCAT 72
Decision Date

CaseChat Overview and Summary

The case before the Civil and Administrative Tribunal of New South Wales involved Jennifer Doctor, the applicant, against Umpi Korumba ATSIC for housing, the respondent. The dispute centred around the respondent's alleged failure to maintain a rental property in a habitable condition, leading to significant issues for the applicant. The applicant sought compensation for the breach of the covenant to keep the property in good repair, as well as for the respondent's non-compliance with a previous Tribunal order. The Tribunal was tasked with reviewing the respondent's actions and determining whether the applicant was entitled to compensation.

The primary legal issues that the Tribunal had to address were whether the respondent had indeed breached the covenant to keep the property in good repair and, if so, what amount of compensation was justified. Additionally, the Tribunal needed to consider whether the respondent had contravened a previous order and whether this warranted any further action. The applicant argued that the respondent had failed to address multiple issues, including leaks, pest infestations, and general disrepair, which significantly impacted her living conditions. The respondent, on the other hand, claimed that the property was habitable and that the applicant had exaggerated the issues for personal gain.

In its decision, the Tribunal found that the respondent had indeed breached the covenant to keep the property in good repair. The evidence presented by the applicant, including photographs and witness statements, demonstrated a series of issues that were not adequately addressed by the respondent. The Tribunal noted that the property had significant problems that rendered it uninhabitable for extended periods. Consequently, the Tribunal ordered the respondent to pay the applicant compensation in the amount of $5,094.60. Furthermore, the Tribunal found that the respondent had contravened a previous order by not making the necessary repairs. As a result, the Tribunal vacated the previous order and issued a new one to ensure compliance with the current decision.

Orders

Orders of the court

1. The order of the Tribunal made on 14 December 2012 is vacated.

2. Umpi Korumba ATSIC for housing pay Ms Jennifer Doctor the amount of $5,094.60 as compensation for breach of a lease on or before 14 February 2013.

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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