QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Croft v Queensland Building and Construction Commission [2025] QCAT 329
PARTIES:
SCOTT CROFT (applicant)
v
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION (respondent)
APPLICATION NO/S:
GAR390-20 & GAR391-20
MATTER TYPE:
General administrative review matters
DELIVERED ON:
1 September 2025
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Member Richard Oliver
ORDERS:
1. The respondent pay the applicant’s cost of and incidental to these proceedings to be agreed or failing agreement to be assessed by way of a short form assessment on the Distrct Court scale by a Costs Assessor to be agreed between the parties and failing agreement as determined by the Tribunal.
2. The parties have liberty to apply on the giving of 5 days notice in writing to the other party.
CATCHWORDS:
ADMINISTRATIVE LAW – GENERAL ADMINISTRATIVE REVIEW – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – COSTS – where applicants achieved a positive outcome from their review applications without a tribunal determination – where the applicant incurred considerable costs and outlays in prosecuting the applications – where applicants have applied for costs – whether interests of justice require the respondent to pay costs – whether costs and outlays of applicant reasonable – whether exercise of discretion should favour the making of an order for costs.
Queensland Civil and Administrative Tribunal Act2009 (Qld), s 100, ss 100, 102 and 107.
Queensland Building and Construction Commission Act 1991.
Cantamessa v Queensland Building and Construction
Commission (No 2) [2021] QCAT 213
Cowen v Queensland Building and Construction Commission [2021] QCATA 103
Fuge v Queensland Building and Construction Commission [2014] QCAT 383
Marzini v Health Ombudsman (No 4) [2020] QCAT 365
Neller v Queensland Building and Construction Commission [2021] QCAT 426
Wardanski v Mawby (No 2) [2023] QSC 237
Pound v Queensland Building and Construction Commission [2023] QCAT 298
Ralacom Pty Ltd v Body Corporate for Paradise Island Apartments (No2) [2010] QCAT 412Stuart v Queensland Building and Construction Commission [2016] QCATA 135
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
Background
Although the substantive issues in these two review applications have been resolved between the applicant and the Commission, they have not been dismissed or withdrawn because the applicant has applied for costs. His contention is that when regard is had to the history of his complaints to the Commission about defective building work in the construction of his house, and the outcome whereby he has substantially succeeded by bringing these review proceedings, it is in the interest of justice, pursuant to s 102(1) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (“QCAT Act”), that he should be awarded costs.
In considering the question of costs, I am mindful that the Commission is a regulatory authority and should not make decisions simply on the basis that it might be exposed to costs.[1] The objects of the Queensland Building and Construction…
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- Case
- [2025] QCAT 329
- Decision Date
CaseChat Overview and Summary
The legal issues that the QCAT had to decide were whether the interests of justice warranted an order for costs against the Commission and whether the costs and outlays claimed by the applicants were reasonable. The QCAT considered the history of the applications, investigations by Newsky in April 2020, and reports from Core Consultants identifying non-compliance with the footing design. The QCAT also considered the financial circumstances of the applicants and the purpose of the Housing Works Insurance Scheme (HWIS).
The QCAT held that a costs order against the Commission was appropriate in the interests of justice, adopting the view expressed by Judicial Member McGill SC in Cowen v Queensland Building and Construction Commission that any benefit to the applicants would be significantly eroded without an order for costs. The QCAT further directed that the costs of the proceedings be agreed or, if agreement could not be reached, assessed on the District Court scale by a Costs Assessor. The QCAT considered it reasonable for the applicants to engage counsel early in the proceedings and that the solicitors' costs should be assessed from 1 October 2020. The tribunal proposed to make general observations about the costs claimed to assist the parties in reaching an agreement, thereby avoiding further delay and costs associated with a formal costs assessment.
The QCAT ordered that the respondent pay the applicants' costs of and incidental to these proceedings to be agreed or, failing agreement, to be assessed by way of a short form assessment on the District Court scale by a Costs Assessor to be agreed between the parties and, failing agreement, as determined by the Tribunal. The parties were granted liberty to apply on the giving of 5 days notice in writing to the other party.
Orders
Orders of the court
1. The respondent pay the applicant’s cost of and incidental to these proceedings to be agreed or failing agreement to be assessed by way of a short form assessment on the Distrct Court scale by a Costs Assessor to be agreed between the parties and failing agreement as determined by the Tribunal.
2. The parties have liberty to apply on the giving of 5 days notice in writing to the other party.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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