Gold Coast Property Expo v Rhodes [2022] QCATA 120
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Title
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Gold Coast Property Expo v Rhodes [2022] QCATA 120
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Date
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August 3, 2022
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Summary
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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]
