Newton v Brisbane City Council

[2014] QCA 242

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of execution
3. › Stay pending appeal
4. › Relevant considerations
5. › Prospects of success on appeal
6. › Whether appeal would be rendered nugatory
7. › Irreparable harm
8. › Whether poor prospects favour refusal of stay
1. Practice and Procedure
2. › Parties
3. › Representation of corporations
4. › Leave for non-lawyer to appear on behalf of company
5. › Whether special or exceptional circumstances exist
6. › Whether vexatious litigant status renders person inappropriate agent
1. Landlord and Tenant
2. › Residential tenancies
3. › Jurisdiction of tribunal
4. › Whether premises are 'residential premises'
5. › Mixed-use property including house and rural land
6. › Whether land not built upon relevant to determination
7. › Residential Tenancies and Rooming Accommodation Act 2008 (Qld), ss 9, 10, 12
1. Practice and Procedure
2. › Appeals
3. › Leave to appeal from tribunal
4. › Appeal on question of law only
5. › Reasonable prospects of success required
6. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150(3)

Quick Take

A declared vexatious litigant who is prohibited from instituting proceedings against a particular party is an inappropriate agent to appear for a company in proceedings against that party, even if the vexatious litigant is a director of the company. The phrase 'mainly as a place of residence' in s 10 of the Residential Tenancies and Rooming Accommodation Act 2008 (Qld) does not turn on the respective areas devoted to residential and non-residential use; intensity of use may be a more apt determinant. Land not built upon is irrelevant to whether premises are 'mainly' residential.