Allen v Contrast Constructions Pty Ltd (No 3)

In Allen v Contrast Constructions Pty Ltd (No 3), the Queensland Civil and Administrative Tribunal (QCAT) was tasked with determining the applicability of various costs provisions in relation to an unsuccessful appeal by the applicants, who had sought to stay proceedings against them. The primary focus of the case was whether the costs provisions under the Queensland Civil and Administrative Tribunal Act 2009 (Qld) or section 77 of the Queensland Building and Construction Commission Act 1991 (Qld) were applicable in this context. The applicants had succeeded in establishing that there was an error of law in the initial interlocutory decision that refused to stay the proceedings but ultimately remained unsuccessful on discretionary grounds in their appeal. This led to the consideration of whether an order for costs should be made in favour of the respondent.

The tribunal had to determine the correct legal framework to apply for the costs in the appeal. The applicants argued that the costs provisions under the Queensland Civil and Administrative Tribunal Act 2009 should apply, while the respondent contended that section 77 of the Queensland Building and Construction Commission Act 1991 was more appropriate. The tribunal examined the legislative intent behind both sets of provisions and the nature of the proceedings. It found that the costs in such interlocutory appeals should be governed by the provisions of the Queensland Civil and Administrative Tribunal Act 2009. However, given the applicants' partial success in establishing an error of law but ultimate failure on appeal, the tribunal held that an order for costs should be made in favour of the respondent.

The tribunal ordered that the applicants pay the respondent's costs of and incidental to the application for a stay and the application for leave to appeal and the appeal itself, including the respondent's costs reserved on the oral hearing. The tribunal specified that these costs were to be agreed upon within 14 days, and if not agreed, they would be assessed on the standard basis on the District Court scale by a costs assessor appointed by the Registrar of the Tribunal. This decision provides clarity on the application of costs provisions in interlocutory appeals within the QCAT and highlights the tribunal's approach to balancing the costs implications of partial success in such proceedings.