QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Barnett & Anor v Pirrone & Anor [2019] QCATA 166
PARTIES: CHRIS BARNETT (first applicant\appellant)
NICOLA ZOE ANGEL
(second applicant\appellant)
v
MARIO PIRRONE (first respondent)
NICOLA JULIE PIRRONE
(second respondent)
APPLICATION NO/S:
APL001-19
ORIGINATING APPLICATION NO/S:
NDR182-16; MCDO752-18 Brisbane
MATTER TYPE:
Appeals
DELIVERED ON:
11 December 2019
HEARING DATE:
2 October 2019
HEARD AT:
Brisbane
DECISION OF:
Senior Member Aughterson presiding
Member HoweORDERS: 1. Leave to adduce fresh evidence on appeal refused.
2. Leave to appeal granted.
3. The appeal is allowed.
4. The decision of the Tribunal made 16 November 2018 is set aside.
5. The respondents pay the appellants costs of the proceedings on an indemnity basis from 24 May 2018 fixed in the sum of $14,066.25.
6. The respondents pay the appellants costs of appeal in the amount of the filing fee of the application for leave to appeal and appeal of $676.40.
CATCHWORDS: APPEAL AND NEW TRIAL – APPEAL GENERAL PRINCIPLES – ADMISSION OF NEW EVIDENCE – whether error by tribunal – whether leave should be given
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – where appeal against costs order – where leave to appeal costs order required – whether error by tribunal – whether leave should be given – whether appeal tribunal should make order for costs – whether costs should be on indemnity basis
Commercial and Consumer Tribunal Act 2003 (Qld), s 71
Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), s 31
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 46, s 100, s 102, s 142(3)(a)(iii), s 146
Uniform Procedure Rules 1999 (Qld), r 304(2), r 307(2)
Booth v Helensvale Golf Club Ltd [1997] 2 Qd R 141
Colgate Palmolive v Cussons Pty Ltd [1993] FCA 536; (1993) 118 ALR 248
Department of Child Safety, Youth and Women v PJC and the Public Guardian [2019] QCATA 109
Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd [1988] FCA 202; (1988) 81 ALR 397
Harrison and Anor v Meehan [2016] QCATA 197
J-Corp Pty Ltd v Australian Builders Labourers Federation Union of Workers – Western Australian Branch and Building Trades Association of Unions of Western Australia (Association of Workers) [1993] FCA 42
Lominoga v Lominoga [1930] QWN 12
Orr v Orr [1949] QWN 5
Petavrakis v Hirst & Co [2001] QSC 224
QBCC v Crocker [2018] QCATA 194
Ralacom Pty Ltd v Body Corporate for Paradise Island Apartments (No 2) [2010] QCAT 412
Rathie v ING Life Ltd [2003] QSC 429
Richards v Richards [1933] QWN 12
Sharpe v Wren [1917] St R Qd 817
Tetijo Holdings Pty Ltd v Keeprite Australia Pty Ltd [1991] FCA 187
Applicant:
Self-represented
Respondent:
Self-represented
REASONS FOR DECISION
This matter involves an appeal about costs. The respondents in the appeal were the applicants in the hearing at first instance. In these reasons they are referred to as the respondents.
In November 2016, the respondents filed in the Tribunal an…
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- Case
- [2019] QCATA 166
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the tribunal had erred in refusing to admit new evidence and whether the tribunal had erred in its decision to award costs in a particular manner. Specifically, the court needed to assess if the tribunal's refusal to allow the introduction of new evidence was justified and whether the tribunal had correctly exercised its discretion in ordering the respondents to pay the appellants' costs on an indemnity basis.
In its reasoning, the court determined that while the tribunal's refusal to admit new evidence was not erroneous, there were grounds to allow the appeal on the basis of the costs decision. The court found that the tribunal had indeed erred in its decision to order the respondents to pay the appellants' costs on an indemnity basis from a specific date. Consequently, the court granted leave to appeal and set aside the tribunal's decision, ruling that the respondents should pay the appellants' costs from 24 May 2018 on an indemnity basis and the costs of the appeal as fixed.
The final orders of the court included the refusal of leave to adduce fresh evidence on appeal, the granting of leave to appeal, the allowance of the appeal, the setting aside of the tribunal's decision, and the direction that the respondents pay the appellants' costs of the proceedings on an indemnity basis and the costs of the appeal. These orders effectively resolved the legal issues in favour of the appellants, providing them with the relief they sought regarding the costs awarded.
Orders
Orders of the court
1. Leave to adduce fresh evidence on appeal refused.
2. Leave to appeal granted.
3. The appeal is allowed.
4. The decision of the Tribunal made 16 November 2018 is set aside.
5. The respondents pay the appellants costs of the proceedings on an indemnity basis from 24 May 2018 fixed in the sum of $14,066.25.
6. The respondents pay the appellants costs of appeal in the amount of the filing fee of the application for leave to appeal and appeal of $676.40.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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