CITATION: Bode v Queensland All Codes Racing Industry Board (No 2) [2017] QCAT 84
PARTIES: Gerald Lansborough Bode
(Applicant)
v Queensland All Codes Racing Industry Board (Respondent)
APPLICATION NUMBER: OCR224-15 MATTER TYPE: Occupational regulation matters HEARING DATE: On the papers HEARD AT: Townsville DECISION OF: Member Pennell DELIVERED ON: 3 March 2017 DELIVERED AT: Townsville ORDER MADE:
The application for costs is dismissed.
CATCHWORDS: PROCEDURE – COSTS – DISCRETION TO ORDER COSTS – principles applied – presumption is that each party must bear the party’s own costs – rebuttal of legislative presumption only if in the interests of justice – must be sufficiently compelling grounds to depart from legislative presumption – in the interests of justice phrase is subjective and may vary depending on the facts, circumstances and the parties involved – award of costs is an exception rather than a rule – where Tribunal set aside a decision – natural justice – where a party acted without fairness – where party failed to make available a witness for cross examination but that conduct did not unnecessarily disadvantage the other party – decision maker must use best endeavours to assist the Tribunal – Tribunal’s power to require witnesses to attend – factors to be taken into account –Tribunal undertaking a detailed assessment of the dispute is not enough to rebut presumption to award costs –disparity in financial resources between the parties – circumstances and facts not complex in nature – Applicant’s genuine attempts to enable and help the decision maker to make a decision on the merits
Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 21, s 28(4), s 48(1)(a), s 48(1)(b), s 48(1)(c), s 48(1)(d), s 48(1)(e), s 48(1)(f), s 48(1)(g), s 97, s 98, s 100, s 102(1), s 102(3)(a), s 102(3)(b), s 102(3)(c), s 102(3)(d)(i), s 102(3)(d)(ii), s 102(3)(e), s 102(3)(f) and s 107(1).
Queensland Civil and Administrative Tribunal Rules 2009 (Qld) s 85.Ascot v Nursing & Midwifery Board of Australia [2010] QCAT 364
Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577Herron v The Attorney General for New South Wales (1987) 8 NSWLR 601
Latoudis v Casey (1990) 170 CLR 534
McEwen v Barker Builders Pty Ltd [2010] QCATA 49Queensland All Codes Racing Industry Board v Abbott (No 2) QCATA 49
Ralacom Pty Ltd v Body Corporate for Paradise Island Apartments (No 2) [2010] QCAT 412
Warren v Queensland Law Society Incorporated (No 2) [2013] QCAT 234
APPEARANCES and REPRESENTATIONS:
Pursuant to section 32(2) of the Queensland Civil and Administrative Tribunal Act 2009 (“the QCAT Act”), the Applicant’s application for costs was heard and determined by the Tribunal on the papers by way of written submissions from the parties; and without an oral hearing.
REASON FOR DECISION
Introduction
[1]On 5 December 2016, the Tribunal set aside the conviction and penalty imposed by the Respondent upon the Applicant arising out of an incident at the Herbert River Jockey Club at Ingham on…
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- Case
- [2017] QCAT 84
- Decision Date
CaseChat Overview and Summary
The key legal issues before the Tribunal were whether the disparity in financial resources and the Board's funding source constituted sufficiently compelling grounds to depart from the legislative presumption of each party bearing their own costs. The Tribunal had to consider the statutory provisions, the principles governing the award of costs, and the specific circumstances of the case. The Tribunal also needed to assess whether the Applicant's conduct, such as failing to make a witness available for cross-examination, warranted a costs order.
In its reasoning, the Tribunal noted that the statutory presumption places the burden of costs on each party and that an award of costs is an exception rather than a rule. The Tribunal found that the Applicant had not provided sufficiently compelling reasons to shift from this presumption. While the disparity in financial resources was a factor that could be taken into account, it was not a ground in itself for awarding costs. The Tribunal also considered the potential deterrent effect on the Board's duties if costs were awarded against it. The Tribunal concluded that the Applicant's arguments were not compelling enough to overcome the legislative presumption and that it was not in the interests of justice to order costs.
The Tribunal dismissed the Applicant's application for costs, and each party was ordered to bear its own costs. The Tribunal's decision was based on the lack of compelling reasons to depart from the statutory presumption and the absence of any significant unfair conduct by the Board.
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