Abdelrazek v Pacific Harbour Residential Community Association Inc AIA 31735 (No 2)

[2024] QCATA 8

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Abdelrazek v Pacific Harbour Residential Community Association Inc AIA 31735 (No 2) [2024] QCATA 8

PARTIES:

ABDELRAZEK ABDALLIA ABDELRAZEK

(appellant)

v

PACIFIC HARBOUR RESIDENTIAL COMMUNITY ASSOCIATION INC AIA 31735

(respondent)

APPLICATION NO/S:

APL185-22

ORIGINATING APPLICATION NO/S:

MCDOQ18/22

MATTER TYPE:

Appeals

DELIVERED ON:

31 January 2024

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Lumb

ORDERS:

1.    Each party must bear the party’s own costs for the proceeding.

CATCHWORDS:

APPEAL – COSTS – where leave to appeal granted and appeal allowed – appeal from minor civil dispute proceeding – where finding on appeal of a denial of procedural fairness by the Tribunal – whether each party should bear the party’s own costs for the proceeding

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 100

REPRESENTATION & APPEARANCES:

Applicant:

Self-represented

Respondent:

Self-represented

REASONS FOR DECISION

Introduction

1. In this proceeding, the Appeal Tribunal granted leave to appeal, allowed the appeal, set aside the original decision of the Tribunal dated 27 May 2022, and returned the matter to a differently constituted Tribunal for reconsideration without the hearing of additional evidence. The Appeal Tribunal also made directions for the parties to file submissions in relation to costs.

2. The Appellant did not file submissions in relation to costs.

3. The Respondent filed submissions on costs dated 30 May 2023. Those submissions were as follows:

   1.     The respondent submits that it should not have to pay the applicant's costs of the Application for leave to appeal for the following reasons:

   (a)The main ground on which the Tribunal granted leave to appeal is that it found Mr Abdelrazek was not granted procedural fairness in so far as he was not given an opportunity to make submissions on costs.

   (b)It was not the responsibility of the respondent to ensure Mr Abdelrazek was given an opportunity to make submissions on costs.

   (c)It would be unfair for the respondent to have to pay costs in circumstances where an appeal has been granted for procedural reasons beyond the respondent's control.

4. In circumstances where the Appellant was self-represented, where the Appellant has not made submissions in relation to costs, where the substantive dispute was not finally determined by the Appeal Tribunal, and where, as the Respondent submits, the appeal was allowed on the basis of a failure of the Tribunal below to provide the Appellant with procedural fairness, I consider that the appropriate order, consistently with s 100 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), is that each party must bear the party’s own costs for the proceeding. I so order.