Kerr v Ray White Gladstone Residential & Anor

[2023] QCA 106

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Administrative Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Appeals from QCAT appeal tribunal to Court of Appeal
5. › Whether decision refusing stay application constitutes 'final decision'
6. › Whether appeal lies under s 150(2)
7. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 142, 145, 149, 150
1. Administrative Law
2. › Administrative Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Appeals to Court of Appeal
5. › Requirement that appeal be on question of law only
6. › Whether applicant identified error of law
7. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150(3)(a)
1. Landlord and Tenant
2. › Residential tenancies
3. › Notice to leave
4. › Retaliatory notice
5. › Whether notice given in retaliation for tenant enforcing rights
6. › Residential Tenancies and Rooming Accommodation Act 2008 (Qld), ss 203, 291

Quick Take

A refusal of a stay application by the QCAT appeal tribunal may not constitute a 'final decision' appealable to the Court of Appeal under s 150(2) of the QCAT Act, though this was not conclusively decided. Appeals under s 150(3)(a) are confined to questions of law only, and a complaint that a tribunal failed to draw particular factual inferences does not raise a question of law.