Gold Coast Property Expo v Rhodes [2022] QCATA 120

Date: 3 August 2022
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Gordon
Human Rights Act 2019 (Qld) Sections: ss 13(1), 31
Rights Considered: Right to a fair hearing.
Other Legislation: Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 48, 143; Residential Tenancies and Rooming Accommodation Act 2008 (Qld) ss 66, 506
Keywords: Tenancy and Social Housing

The case concerned an appeal by Gold Coast Property Expo against a decision by a member to strike out or summarily dismiss their residential tenancy compensation claim against their former tenants. In allowing the appeal, the Tribunal noted the right to a fair hearing under section 31 of the Human Rights Act 2019 (Qld), saying

When exercising the discretion to strike out or dismiss under section 48 the tribunal would be mindful of the fact that such an order without hearing the claim on its merits has been described as ‘a very serious matter’ and drastic Such considerations have greater importance now under section 31 of the Human Rights Act 2019 (Qld) under which a party to a civil proceeding has the right to have the proceeding decided by a competent, independent and impartial court or tribunal after a fair and public hearing: at [47]

Visit the judgment: Gold Coast Property Expo v Rhodes [2022] QCATA 120