Amos v Brisbane City Council

Amos sought leave to appeal the District Court’s refusal to grant leave to appeal against a decision of the Magistrates Court in which his claim for damages was dismissed and he was ordered to pay costs. The matter was heard in the District Court of Queensland. Amos contended that the District Court had no power to order him to pay costs as his claim was for less than $30,000 and he was unsuccessful, and that section 56 of the Personal Injuries Proceedings Act 2002 (Qld) (“PIPA”) provides a ‘code’ for all personal injury litigation in Queensland which precludes the courts from awarding costs in circumstances not explicitly dealt with by the Act.

The court considered whether the legislature intended section 56 to provide a complete ‘code’ for the awarding of costs and whether the courts’ powers to award costs in circumstances not explicitly dealt with by PIPA were removed. The court also considered whether the words of section 56 were ambiguous or obscure and whether extrinsic material was required to assist in the section’s construction.

The court held that the legislature intended section 56 to provide a ‘code’ for the awarding of costs, but did not intend to remove the courts’ powers to award costs in circumstances not explicitly dealt with by PIPA. The court also held that the words of section 56 were not ambiguous or obscure and that extrinsic material was not required to assist in the section’s construction. The court dismissed the application with costs.