Chew v Queensland Building Services Authority

CITATION: Chew v Queensland Building Services Authority [2011] QCAT 48

PARTIES:	Ms Aida Chew
v
Queensland Building Services Authority

APPLICATION NUMBER:   QR111-08

MATTER TYPE: General administrative review matters

HEARING DATE:      On the papers

HEARD AT:     Brisbane

DECISION OF: Mr Barry Cotterell, Member

DELIVERED ON: 1 February 2011

DELIVERED AT:       Brisbane

ORDERS MADE:

1   The Applicant pay the Authority’s costs of these proceedings from 8 January 2010 on a standard basis to be assessed on the District Court scale of costs.

2   The Authority shall deliver to the Applicant an itemised claim for costs referring to the relevant items contained in the District Court scale of costs.

3   If within 14 days of that delivery, the parties have not agreed on an amount of costs, the costs shall be assessed by Hickey and Garrett, Legal Costs Assessors, Level 21, 141 Queen Street, Brisbane 4000.

4   The Applicant shall pay the Authority’s costs (as agreed or assessed) within 14 days of such agreement or assessment.

CATCHWORDS : 

COSTS – application to QCAT for costs of proceedings started in former Commercial and Consumer Tribunal – ss 100 & 102 Queensland Civil and Administrative Tribunal Act 2009 and ss 70 & 71 of the Commercial and Consumer Tribunal Act 2003 – factors in awarding costs – interests of justice – Tamawood Limited v Paans[2005] QCA 111 applied

COSTS – offer to settle under QCAT Act – offer rejected – final decision not more favourable to applicant than offer considered

APPEARANCES and REPRESENTATION (if any):

Decision on the papers

REASONS FOR DECISION

Introduction

1. At the conclusion of the hearing on 18 July 2010 the Tribunal ordered that:

The Queensland Building Services Authority’s (the Authority) decision not to direct rectification of building work is confirmed.

It further ordered that the question of costs is to be determined on the papers after the filing of submissions.

Background

1. The applicant sought a review of the Authority’s decision of 22 April 2008 not to direct rectification of building work. The Authority is empowered not to direct by section 72 of the Queensland Building Services Authority Act 1991 (“QBSA Act”). The Applicant did not attend the Tribunal hearing but was represented by Mr Maddugodda and, to a lesser extent, by her expert Mr de Costa. Mr Maddugodda represented the Applicant throughout much of the period that the building work was carried out and afterwards. The Authority was represented by Ms Farthing, a legal officer and it called evidence from Mr Vosper, an Authority Inspector, Mr Robert Hughes, an Engineer and Mr Rod Mehrtens, the contractor.

Jurisdiction

1. The jurisdiction of QCAT to deal with applications made to former tribunals appears in Chapter 7 of the Queensland Civil and Administrative Tribunal Act 2009 (“QCAT Act”). Jurisdiction is given to QCAT to deal with a proceeding started before a former tribunal that is either a ‘pending proceeding’ (section 256) or an ‘other proceeding’ (section 257).

1. A ‘pending proceeding’ is defined in section 245 to be an existing proceeding…