Amory v Queensland Building Services Authority

The Applicant, Amory, brought proceedings against the Respondent, the Queensland Building Services Authority, in the Queensland Civil and Administrative Tribunal. The matter concerned an application for costs and expenses incurred by the Applicant in the proceedings. The Applicant had sought an order for the Respondent to pay the Applicant’s costs of the proceedings. The Tribunal was required to determine whether the Applicant was entitled to an order for costs and, if so, the amount of costs to be awarded.

The central legal issue was whether the Applicant was entitled to an order for costs under section 105 of the Queensland Civil and Administrative Tribunal Act 2009. The Applicant argued that the application for costs was reasonable and necessary in the circumstances. The Respondent contended that the Applicant was not entitled to costs as the application was frivolous or vexatious, or the Applicant had not satisfied the criteria for an award of costs under the Act.

The Tribunal considered the relevant statutory provisions and rules governing costs in the Tribunal. The Tribunal found that the application for costs was not frivolous or vexatious, and the Applicant had made a genuine application for costs. However, the Tribunal also found that the Applicant had not satisfied the criteria for an award of costs under section 105 of the Act. The Tribunal concluded that the Applicant was not entitled to an order for costs as the Applicant had not established that the application for costs was reasonable and necessary in the circumstances. The Tribunal ordered that the application for costs be dismissed and that the Applicant pay the Respondent’s costs in the sum of $11,000 within 28 days of the date of the order.