CITATION:	Trindall v Moreton Bay Trailer Boat Club Incorporated [2015] QCAT 407
	
PARTIES:	Arthur Edward Trindall
(Applicant)	
	v	
	Moreton Bay Trailer Boat Club Incorporated (Respondent)	

APPLICATION NUMBER:	MCDO1525-15	

MATTER TYPE:	Other minor civil dispute matters 	

HEARING DATE:	On the papers	

HEARD AT:	Brisbane	

DECISION OF:	Adjudicator Bertelsen	

DELIVERED ON:	14 October 2015	

DELIVERED AT:	Brisbane	

ORDERS MADE:	1.	The application is dismissed for lack of jurisdiction.	

CATCHWORDS:	Sublease under the Land Act 1994 (Qld) – change of sub-lessor entity – transition to new sub-lessor – obligation to pay for fresh sub-sub-lease. 

Land Act 1994 (Qld)
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 32	

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

[1]	On 16 July 2015 Mr Trindall filed an application for Minor Civil Dispute – Consumer Dispute seeking orders that firstly his right to a sub-sub-lease over a marina berth at Manly be registered in the Titles Office as agreed pursuant to a deed of settlement dated 21 November 2013; secondly that the Respondent Moreton Bay Trailer Boat Club Incorporated (‘MBTBC Inc’) pay interest on the value of the marina for the period 21 November 2013 to the present. 
[2]	Under the heading ‘General Dispute details’ on page two of four of the application Mr Trindall seeks from the Respondent MBTBC Inc payment of $18,795.00. It is not absolutely clear what this is represented by, but it appears to probably be interest sought. Additionally Mr Trindall seeks relief from payment of the sum of $1,430.00. That is a charge by McKay’s solicitors for the surrender of a prior lease and the granting of a lease to be registered in the Titles Office for a marina berth at Manly, Queensland. 
[3]	Historically, in 2010 Mr Trindall sought a sub-lease from Moreton Bay Trailer Boat Club Incorporated for a marina berth at Manly. The club agreed to a sub-lease which was prepared and paid for by Mr Trindall. Dibbs Barker solicitor’s legal fees for preparation of the sub-lease were paid for at that time. Mr Trindall entered into the sub-lease in his capacity as trustee for his superannuation fund.
[4]	Subsequently a dispute arose regarding variations and changes to the terms of the sub-lease. Whether those changes could or could not be made was the subject of a District Court proceeding in 2013 which concluded with a deed of settlement dated 21 November 2013. That deed provided for amongst other things that, ‘MBTBC Inc to register the Applicant’s right over sub-sub-lease over berth no V04 (the marina berth).’ 
[5]	Shortly prior on 17 September 2013 an extra-ordinary general meeting of the MBTBC Inc was held resulting in the restructure of the club into MBTBC Marina Ltd. 
[6]	In email correspondence in January 2014 consideration was given as to how the Marina company could give effect to the club’s obligations under the sub-lease granted by the club to Mr Trindall in 2010. On 15 January 2014 Mr Trindall emailed Ann Sheriff the commodore of MBTBC Inc stating:
the only thing outstanding from my perspective is the credit for the Trindall superannuation fund for berth B01 (as per original invoice) and the invoicing of the berth V04 to A Trindall for the same amount.
[7]	On 3 June 2015 McKay’s solicitors acting for MBTBC Marina Ltd advised Mr Trindall he had an unregistered sub-sub-lease of the marina berth V4. Mr Trindall was informed that there had been a ‘restructure of crown sub-leases with respect to the marina and the club and new crown sub-leases have recently been registered in the Titles Office.’ He was further informed he was to be the beneficiary of ‘an additional 10 years being added to the term of your berth lease at no cost other than the legal costs of the transactions.’
[8]	On 9 June 2015 Mr Trindall signed a sub-sub-lease with MBTBC Marina Ltd for marina berth V4. He did not pay McKay’s legal fees of $1,430.00 as he considered he had paid legal fees for his ‘lease’ of the marina berth to Dibbs Barker in 2010. The sub-sub-lease has not yet been registered in the Titles Office. Documentation prepared by McKay’s solicitors included a surrender of the original unregistered sub-lease from MBTBC Inc and the new sub-lease from MBTBC Marina Ltd. 
Conclusions
[9]	Mr Trindall’s claim seeks registration of a sub-lease under the Land Act 1994 (Qld) (‘Land Act’). The Tribunal has no jurisdiction under the QCAT Act or pursuant to the Land Act to order registration of any lease under the Land Act irrespective of whether that lease was granted by or through the prior entity MBTBC Inc or the subsequent entity MBTBC Marina Ltd. MBTBC Marina Ltd has rightly pointed out that the Land Act is not an enabling act conferring jurisdiction on QCAT.
[10]	There is no evidence of a liability to pay interest on the value of the berth for the period 21 November 2013 to present. The marina berth lease cannot be categorised as an agreement or contract giving rise to the payment of interest. Rather it appears to be raised as compensation to Mr Trindall for what he perceives to be a loss that has otherwise been incurred by him due to restructuring of Crown leases and the clubs / corporate entities wishing to purchase them. 
[11]	Mr Trindall’s interest in the marina berth is not disputed. As Mr Trindall himself pointed out in his submissions ‘the outstanding issue is the legal fees and the registration of the sub-sub-lease.’ 
[12]	The issue of legal fees is referrable to Mr Trindall’s payment of legal fees associated with the preparation and registration of his original sub-lease from MBTBC Inc in 2010 to Dibbs Barker. McKays Solicitors legal fees are pertinent to registration of a sub-lease from MBTBC Marina Ltd to Mr Trindall on varied terms from the Crown. There appears to be no correlation for the purposes of this application between McKays Solicitors legal fees for the current sub-lease and Dibbs Barker’s legal fees five years ago for a sub-lease that was never going to be registered, as it transpired, in any event. Put another way, there is no reason to suggest that the payment of legal fees to Dibbs Barker should somehow be transferred to McKays Solicitors such as to register the current sub-lease at no charge to Mr Trindall. 
[13]	Finally, a question arises as to whether Mr Trindall is a consumer and MBTBC Marina Ltd is a trader. The sub-lease of the marina berth is a right to occupy a defined area on an ongoing basis for a period of years not a service offered. 
[14]	For the above reasons the Tribunal concludes it does not have jurisdiction to determine Mr Trindall’s claim.