Abdou and Victorian Building Authority

Case [2020] AATA 2637


Abdou and Victorian Building Authority [2020] AATA 2637 (2 June 2020)

Administrative Appeals Tribunal

ADMINISTRATIVE APPEALS TRIBUNAL              )

)No: 2017/2286 and 32 others.

GENERAL DIVISION  )

Re: Mouhammed Abdou and 32 others listed in Attachment A to these reasons
Applicant

And: Victorian Building Authority
Respondent

CORRIGENDUM TO DECISION OF 2 JUNE 2020

TRIBUNAL:  Deputy President S A Forgie

DATE OF CORRIGENDUM: 9 July 2020

PLACE:           Melbourne

The Tribunal amends its decision of 2 June 2020 by:

1.at Attachment A row number 18 in the ‘file number’ column removing ‘2017/0144’ and inserting ‘2017/0833’.

2.at Attachment A row number 29 in the ‘file number’ column inserting ‘2018/3186’.

3.at Attachment A row number 30 in the ‘file number’ column inserting ‘2018/4924’.

……[sgd]……………………

S A FORGIE

Deputy President

Division:GENERAL DIVISION

File Number:          2017/2286 and 32 others listed in Attachment A to these reasons

Re:Mouhammed Abdou and 32 others listed in Attachment A to these reasons

APPLICANT

AndVictorian Building Authority

RESPONDENT

DECISION

Tribunal:Deputy President S A Forgie

Date of decision:               2 June 2020

Place:Melbourne

The Tribunal decides to:

refuse to make an order for costs against the respondent in each of the 33 applications listed in Attachment A to these reasons.

……………[sgd]………………………

Deputy President S A Forgie

Catchwords

COSTS – mutual recognition – whether costs should be ordered under s 35 of the Mutual Recognition Act 1992 – meaning of costs – who can be awarded costs – meaning of proceedings – whether actions of a party in proceedings considered unreasonable – costs not awarded.

Legislation

Acts Interpretation Act 1901; s 33(2A)

Administrative Appeals Tribunal Act 1975; s 42C; s 69A

Building Act 1993 (Vic)

Federal Court Rules 2011; Schedule 1

Freedom of Information Act 1982

Law and Justice Legislation Amendment Act (No. 2) 1995

Legal Profession Uniform Law Application Act 2015 (Vic)

Legal Profession Uniform Law (NSW)

Legal Profession Act 2007 (Qld)

Military Rehabilitation and Compensation Act 2014

Mutual Recognition Act 1992; s 7; s 29; s 35

Safety, Rehabilitation and Compensation Act 1988

Supreme Court (General and Civil Procedure) Rules 2015  (Vic)

Supreme Court Rules 1970 (NSW)

Water Services Licensing Act 1995 (WA)

Water Services Licensing (Plumbers Licensing and Plumbing Standards) Regulations 2000 (WA)

Cases
Ada Evans Chambers Pty Ltd v Santisi [2014] NSWSC 538
Agapis v A Deputy District Registrar of the Federal Court of Australia at Perth [2016] HCATrans 154
Alexandra Private GeriatricHospital Pty Ltd v Blewett [1984] FCA 223; (1984) 2 FCR 368; 56 ALR 265
Andriotis v Victorian Building Authority [2018] FCAFC 24
Attorney-General (NSW) v Brewery Employees Union of New South Wales (1908) 6 CLR 469
Australian Securities Commission v Aust-Home Investments Limited [1993] FCA 585; (1993) 44 FCR 194; 116 ALR 523; 11 ACSR 136
Beach Petroleum NL v Johnson (No. 2) [1995] FCA 350; (1995) 57 FCR 119; 135 ALR 160
Bell Lawyers Pty Ltd v Janet Pentelow [2019] HCA 29; (2019) 93 ALJR 1007
Cachia v Hanes [1994] HCA 14

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Details
AGLC
Abdou and Victorian Building Authority [2020] AATA 2637
Case
[2020] AATA 2637
Decision Date

CaseChat Overview and Summary

The proceeding concerned an application by the Victorian Building Authority (VBA) for costs against Mr. Abdou following the dismissal of his application for review. The VBA sought costs pursuant to section 35 of the *Mutual Recognition Act 1992* (Cth), arguing that Mr. Abdou's actions in the proceedings were unreasonable.

The primary legal issue before the Tribunal was whether costs should be awarded against Mr. Abdou under section 35 of the *Mutual Recognition Act 1992*. This required the Tribunal to consider the meaning of "costs" and "proceedings" within the context of the Act, and to determine if Mr. Abdou's conduct during the proceedings could be characterised as unreasonable, thereby justifying an order for costs in favour of the VBA.

The Tribunal found that the VBA was not entitled to an award of costs under section 35 of the *Mutual Recognition Act 1992*. The Tribunal interpreted the term "proceedings" in section 35 to refer to the substantive merits of the application for review, rather than the conduct of the parties during the proceedings. As Mr. Abdou's application had been dismissed on its merits, the Tribunal concluded that the threshold for awarding costs under section 35 had not been met. Consequently, no order for costs was made.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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