Ak Group Qld Pty Ltd v Queensland Building and Construction Commission No 2

In the matter of Ak Group Qld Pty Ltd and Anor v Queensland Building and Construction Commission No 2, the Queensland Civil and Administrative Tribunal was required to decide whether the Queensland Building and Construction Commission (QBCC) should be ordered to pay costs to the applicants, AK Group Qld Pty Ltd and Andrew Kenneth Binnie Leiper, following the setting aside of two decisions made by the QBCC on review. The applicants sought costs of over $100,000, while the QBCC argued that no costs order should be made. The tribunal examined the statutory provisions, rules, and relevant case law to determine whether it was in the interests of justice to make an order for costs.

The tribunal found that the proceeding was not overly complex and that there was nothing unreasonable in the conduct adopted by the QBCC. The QBCC had fulfilled its statutory duty to assist the tribunal in making the correct decision. The tribunal rejected the applicants' argument that the QBCC had acted unreasonably by considering irrelevant information, finding that such matters did not play a significant role in the tribunal's decision. The tribunal concluded that it was not in the interests of justice to make an order for costs under s 102 of the Queensland Civil and Administrative Tribunal Act 2009.

However, the tribunal found that the QBCC was liable to pay the applicants' filing fees in the amount of $704.00 under rule 85 of the Queensland Civil and Administrative Tribunal Rules 2009. The tribunal considered it appropriate to exercise its discretion in favour of the applicants given their success in setting aside the QBCC's decisions and the necessity of paying the filing fees to initiate the contested applications.

In conclusion, the tribunal ordered the QBCC to pay the applicants $704.00 in filing fees but found no basis to order the QBCC to pay the applicants' substantial legal costs. The tribunal's decision demonstrates the careful consideration of statutory provisions, rules, and relevant case law in determining whether an order for costs is warranted in a particular case.