A & S Constructions Pty Ltd v Charles Jackson - [2024] QCAT 341

QUEENSLAND CIVIL AND

ADMINISTRATIVE TRIBUNAL

CITATION:

A & S Constructions Pty Ltd v Charles Jackson & Anor [2024] QCAT 341

PARTIES:

A & S CONSTRUCTIONS PTY LTD
(ACN 153C643 639)

(applicant)

v

CHARLES JOHN JACKSON

(respondent)

JANELLE CLARE JACKSON

(respondent)

APPLICATION NO/S:

BDL054-22

MATTER TYPE:

Building matters

DELIVERED ON:

2 August 2024

HEARING DATE:

15 July 2024

HEARD AT:

Brisbane

DECISION OF:

Member S M Burke

ORDERS:

1. The Respondent is ordered to pay the Applicant the costs thrown away by the adjournment of the hearing on 19 May 2023 in the amount of $3,366.00 (incl. GST) within 28 days.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS OF ADJOURNMENT OF HEARING – costs “thrown away” - costs ordered to be paid on an indemnity basis or as agreed – evidence of costs thrown away – fixing of such costs

Arcon Constructions Pty Ltd v Queensland Building Services Authority [2013] QCAT 573

Edelman v Badower [2010] VSC 427
Thornton v Lessbrook Pty Ltd (No 2) [2010] QSC 363
Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225
JM Kelly Builders Pty Ltd v Murphy [2003] QSC 23

Thompson v Body Corporate for Arila Lodge & Anor [2017] QCATA 152

APPEARANCES & REPRESENTATION:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld).

REASONS FOR DECISION

On 19 May 2023, the Applicant and the Respondents attended at the Tribunal for the final hearing of the above matter.
According to the Applicant, it attended fully prepared with all its witnesses in attendance.
The Respondent sought an adjournment of the final hearing for a period of at least 6 months due to the Respondents’ desire to submit further evidence by way of a further statement by the Respondent, Charles Jackson, and additional expert evidence.
The following directions were made by the Tribunal on 19 May 2023:
(a)The previous directions of the Tribunal be vacated.
(b)The Respondent be given leave to file the further statement of Charles Jackson dated 19 May 2023.
(c)The hearing be adjourned to dates to be fixed.
(d)The Respondents file and serve any further material that they intend to rely upon at the adjourned hearing, including any expert evidence, by 11 August 2023.
(e)The Applicant serve and file any further material in response by 13 October 2023.
(f)The matter be set down for further directions on a date and time to be listed not before October 2023, including but not limited to, the setting of further hearing dates.
(g)The parties be at liberty to apply on seven (7) days notice.
(h)The Respondents pay to the Applicant the costs thrown away by the adjournment of the hearing on 19 May 2023 to be assessed on an indemnity basis or as agreed.
On 26 June 2023, the Applicant’s solicitor provided a revised costs assessment which included the applicable hourly rates for the costs alleged to have been incurred and thrown away as a result…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading A & S Constructions Pty Ltd v Charles Jackson

Details

AGLC: A & S Constructions Pty Ltd v Charles Jackson [2024] QCAT 341
Case: [2024] QCAT 341
Decision Date: 2 August 2024

CaseChat Overview and Summary

The case of A & S Constructions Pty Ltd v Charles Jackson involved a dispute between a construction company and an individual over costs incurred due to the adjournment of a hearing. The matter was heard in the relevant state court. The primary issue before the court was determining the appropriate costs that should be awarded to the Applicant as a result of the Respondent's actions that necessitated the adjournment of the hearing on 19 May 2023.

The legal question the court needed to address was whether the Respondent's actions were justified and whether the costs incurred by the Applicant could be deemed as "thrown away" costs, entitling the Applicant to an indemnity basis for the costs or as otherwise agreed. The Applicant argued that the costs incurred were a direct result of the Respondent's actions and should be paid by the Respondent on an indemnity basis. The Respondent, on the other hand, contended that the costs were not solely attributable to their actions and should be shared or paid on a different basis.

The court considered the evidence presented regarding the costs thrown away due to the adjournment of the hearing. It found that the Respondent's actions were indeed responsible for the adjournment and, consequently, the costs incurred by the Applicant. The court determined that the costs should be awarded on an indemnity basis to the Applicant. The court ordered the Respondent to pay the Applicant the costs thrown away by the adjournment of the hearing, amounting to $3,366.00 inclusive of GST, within 28 days from the date of the judgment.

Orders

Orders of the court

1. The Respondent is ordered to pay the Applicant the costs thrown away by the adjournment of the hearing on 19 May 2023 in the amount of $3,366.00 (incl. GST) within 28 days.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.