Campagnolo v Bennett No 2

[2020] QCAT 68

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Campagnolo v Bennett No 2 [2020] QCAT 68

PARTIES:

DONNA CAMPAGNOLO
(applicant)

v

JESSE SEABROOK BENNETT

 (respondent)

APPLICATION NO/S:

BDL144-18

MATTER TYPE:

Building matters

DELIVERED ON:

10 March 2020

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member King-Scott

ORDERS:

The Tribunal orders:

1.   Jesse Seabrook Bennett pay Donna Campagnolo the sum of $220,000.00 in respect of her claim;

2.   Jesse Seabrook Bennett’s counter-application is dismissed;

3.   Jesse Seabrook Bennett pay Donna Campagnolo her costs fixed in the sum of $89,592.90.

4.   The said sums to be paid by 4:00 pm 17 April 2020.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL MATTERS – OTHER MATTERS – domestic building dispute – where parties legally represented – where respondent substantially successful at hearing – where respondent sought order for costs – where respondent made offer to settle – whether discretion to award costs should be exercised

Queensland Building & Construction Commission Act 1991 (Qld)
Queensland Civil and Administrative Tribunal Act 2009 (Qld)
Queensland Civil and Administrative Tribunal Rules 2009 (Qld)
Uniform Civil Procedure Rules 1999

A L Builders Pty Ltd v Nicholas Fatseas and Tricia Fatseas (No 2) [2014] QCATA 319
Colburt v Beard (1992) 2 Qd R 67
Lyons v Dreamstarter Pty Ltd [2012] QCATA 71
Ricchetti and Ors v Lanbuilt Pty Ltd [2012] QCATA 111

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

1. This matter was heard in Cairns on 16 October 2019.  On 24 January 2020 the following orders were made:

   (a)I order Jesse Seabrook Bennett pay Donna Campagnolo the sum of $220,000.00 in respect of her claim;

   (b)I dismiss Jesse Seabrook Bennett’s counter-application;

   (c)The order to pay is stayed until further argument in relation to costs and the form of final orders;

   (d)I invite the parties to make submissions in relation to costs;

   (e)I direct the parties file written submissions, if any, as to costs as follows:

   (i)      Donna Campagnolo by 4.00 pm 7 February 2020;

   (ii)    Jesse Seabrook Bennett by 4.00 pm 14 February 2020.

2. The Applicant, Donna Campagnolo has filed submissions and made a claim for costs. The Respondent, Jesse Seabrook Bennett, has responded but has not made any submissions other than to request a reasonable time to pay.

3. Section 100 of the Queensland Civil and Administrative Tribunal Act 2009 provides that each party should bear their own costs unless otherwise provided such as under an enabling act.

4. Section 77 of the Queensland Building & Construction Commission Act 1991 (Qld) displaces the usual order in Tribunal proceedings.[1] The general rule about costs is thereby incorporated into building disputes before the Tribunal.[2] The general rule is that a successful party is entitled to procure its costs against the other party. That is, costs should follow the event. That might not be appropriate in some instances, such as the delinquent behaviour of the winning…