Civil Mining & Constructions Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd

The parties involved in this case are Civil Mining & Constructions Pty Ltd (CMC) and Wiggins Island Coal Export Terminal Pty Ltd (WICET). The dispute revolves around the set-off of costs orders and the court's discretion in such matters. The case was heard in the Queensland Civil and Administrative Tribunal (QCAT). The primary legal issue that the court had to address was whether the QCAT should exercise its discretion to set off the costs orders between the two parties. This issue arose because the size and complexity of the litigation caused the costs assessment to take longer than usual. The court also had to determine if there should be a stay of execution of a costs order and whether there had been any undue delay by WICET in seeking these orders.

The QCAT considered the history of the litigation and the steps taken by both parties. The costs assessor, Mr Roberts, was appointed to deal with CMC’s costs claim. WICET applied to have Mr Roberts appointed to assess its costs, which was opposed by CMC. The opposition was based on several complaints about Mr Roberts' assessment of CMC's costs statement. The court also examined the power to set off costs orders, referencing relevant rules and case law. While it was acknowledged that the court has the power to set off costs, there was no consensus on whether this should be done in a discretionary or inherent jurisdiction manner. The QCAT concluded that the court's power in relation to costs is general and discretionary.

In light of the above, the QCAT determined that it should not exercise its discretion in WICET’s favour. The court found that there had been undue delay by WICET in seeking these orders and that WICET had not shown it would be prejudiced should an order not be made. The QCAT also considered the history of the litigation, including the steps taken and the reasons for the delay. The court concluded that the delay was significant and that WICET had not demonstrated any prejudice from the delay.

The final order of the court was that WICET is to bring in minutes of order.