Capri Building Group Pty Ltd v Palmer

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Capri Building Group Pty Ltd v Palmer [2024] QCAT 614

PARTIES:

CAPRI BUILDING GROUP PTY LTD

(applicant)

v

NEIL PALMER

(respondent)

APPLICATION NO/S:

BDL274-23

MATTER TYPE:

Building matters

DELIVERED ON:

9 May 2024

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Brown

ORDERS:

1.     The application for security for costs is allowed.

2.     Capri Building Group Pty Ltd must pay to the trust account of Neil Palmer’s solicitors the sum of $10,000.00 by way of security for costs within fourteen (14) days of this decision.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – SECURITY FOR COSTS –AMOUNT AND NATURE OF SECURITY – where respondent applies for security for costs – where applicant claimed amount owed for partial building work – where respondent counter-claims for damages, restitution, liquidated damages – factors to be considered pursuant to section 109(4) of Queensland Civil and Administrative Tribunal Act2009 (Qld) – whether respondent has capacity to absorb costs – early stage of proceeding – proceeding bona fide – applicant’s financial position not caused by respondent – order for costs would not stifle proceeding – costs relating to defence against claim contrasted with costs relating to counter-claim – security for costs awarded

Queensland Civil and Administrative Tribunal Act2009 (Qld), s 109

Allen Dodd as Trustee for the Dodd Superannuation Fund v Shine Corporate Ltd [2018] QSC 40
Greg Black Constructions Pty Ltd v Brodie and Anor [2011] QCAT 671
Hapisun Pty Ltd v Rikys & Moylan Pty Ltd [2013] VSC 730
Idoport Pty Ltd v National Australia Bank Ltd [2001] NSWSC 744

Maatschappij Voor Fondsenbezit v Shell Transport and Trading Company [1923] 2 KB 166

APPEARANCES & REPRESENTATION: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act2009 (Qld)

REASONS FOR DECISION

1. The respondent, Mr Palmer, applies for an order for security for costs.

2. Section 109 of the Queensland Civil and Administrative Tribunal Act2009 (Qld) (‘QCAT Act’) provides:

   109   Security

   (1)This section applies if, under this Act or an enabling Act, the tribunal may award a party’s costs for a proceeding.

   (2)On the application of a party (applicant party) to the proceeding against whom a claim is made or an outcome or decision sought in a proceeding, the tribunal may make an order—

   (a)requiring another party to the proceeding to give security for the applicant party’s costs within the period stated in the order; and

   (b)staying the proceeding, or the part of the proceeding against the applicant party, until the security is given.

   (3)If the security is not given within the period stated in the order, the tribunal may make an order dismissing the proceeding, or the part of the proceeding against the applicant party.

   (4)In deciding whether to make an order under subsection (1), the tribunal may have regard to any of the following matters—

   (a)the financial circumstances of the parties to the proceeding;

   (b)the prospects of…