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[2012] QCAT 151
General information, not legal advice.
Queensland Civil and Administrative Tribunal
2012-04-13
Wilson J
Original judgment source is linked above.
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).
[1] On 24 February 2012 this Tribunal dismissed the application to review the decision of the Queensland Building Services Authority (the "BSA") made 29 June 2011. The BSA now seeks an order that the applicant pays its costs of the review proceeding fixed in the sum of $722.30.
[2] The starting point for an application to this Tribunal for an order for costs is section 100 of the QCAT Act which states "other than as provided under this Act or an enabling Act, each party to a proceeding must bear the parties own costs for the proceeding." In order to overcome this "strong indication"[1] against an award of costs section 102 of the QCAT Act provides guidance as to the matters to which the Tribunal may have regard if the interests of justice require an order for costs.
[3] Although the applicant's application for review was dismissed on the basis that it lacked substance, the issues raised by the applicant were not sufficiently disadvantageous to or scandalous of the BSA to justify an award of costs in the interests of justice. Although the applicant had a weak case it was not one that was pursued vexatiously. An early application made by the BSA to have the matter struck out was determined by QCAT at minimal expense to both parties. There is no reason to disturb the position expressed in section 100 of the QCAT Act that the parties to the proceedings should bear their own costs.
[4] The application by the BSA for the applicant to pay its costs is therefore dismissed.
[1] Ralacom Pty Ltd v Body Corporate for Paradise Island Apartments (2) [2010] QCAT 412 per Wilson J.
Omae
Queensland Building Services Authority