Drane v Taylor (No 2)

[2022] QCATA 157

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Drane v Taylor (No 2) [2022] QCATA 157

PARTIES:

matthew neville drane

(applicant/appellant)

v

lauren maree taylor

(respondent)

APPLICATION NO/S:

APL104-21

ORIGINATING APPLICATION NO/S:

MCDO5/20

MATTER TYPE:

Appeals

DELIVERED ON:

6 October 2022

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Judicial Member D J McGill SC

ORDERS:

The appellant pay to the respondent as costs of the application for leave to appeal fixed in the sum of $5,500.

CATCHWORDS:

ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – costs – appeal jurisdiction - application for leave to appeal from decision in minor civil dispute – whether costs limited by Rules – leave to be represented refused – effect of refusal – lawyer assisting party by preparing submissions in writing – whether bar to order or discretionary consideration – whether application for leave to appeal vexatious – significance of weakness of case – costs ordered

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 43, s 100, s 102

Australian Competition and Consumer Commission v IBM Group Pty Ltd (in liquidation) [2004] FCA 1592
Cachia v Hanes (1994) 179 CLR 403
Cowen v Queensland Building and Construction Commission  [2021] QCATA 103
Crowdey v Townsville City Council [2014] QCATA 190
Davey v Dessco Pty Ltd [2019] FCA 1735
Dobree v Hoffman [1995] WASC 689
Malloch v Aberdeen Corporation (No 2) [1973] 1 WLR 71
Maszlik v Palmer [2016] QCATA 94
Martin v Gosdchan [2011] QCATA 71
Marzini v Health Ombudsman (No 4) [2020] QCAT 365
Meiklejohn’s Accountants (Qld) Pty Ltd v Chen [2016] QCATA 1
Oatley v Pertzel [2011] QCATA 92
Port Kennedy Resorts Pty Ltd v Freehills (a firm) [2000] WASC 217
Sommers v Bycroft [2020] QCATA 55
State of Queensland v Rushton [2011] QCATA 117

APPEARANCES & REPRESENTATION: 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. In this matter I refused leave to appeal from the decision of a Member in a minor civil dispute – minor debt claim, for reasons which I published on 3 February 2022.[1]  In that decision I made provision for the appellant to make submissions as to why no order for costs should be made against him, and for the respondent to make submissions in response.  Those submissions were made promptly, but the file was not referred back to me until recently.  The submissions for the appellant raised a number of issues. 

   [1][2022] QCATA 12.

Minor civil dispute issue

1. The appellant relied on the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (“the QCAT Act”) s 102(2), on the basis that it confined the costs which could be awarded to those provided under the rules for minor civil disputes. He relied on the decision in Maszlik v Palmer [2016] QCATA 94 that the effect of that provision was that no costs could be awarded at all in an application for leave to…