Fenwick v Queensland Building Services Authority

CITATION: Fenwick v Queensland Building Services Authority (No 2) [2011] QCAT 262

PARTIES:	Mr Don Charles Fenwick
v
Queensland Building Services Authority

APPLICATION NUMBER:   QR165-08

MATTER TYPE: General administrative review matters

HEARING DATE:     On the papers

HEARD AT:  Brisbane

DECISION OF: Mr Barry Cotterell, Member

DELIVERED ON: 6 June 2011

DELIVERED AT:      Brisbane

ORDERS MADE:

1.    The Respondent will pay the Applicant's costs of and incidental to the proceedings from 23 July 2008 to 19 May 2009 on a standard basis on the District Court Scale as agreed or, failing agreement, as assessed.

2.    The Respondent will pay the Applicant's reasonable costs on an indemnity basis of conducting the proceedings on and from 19 May 2009 on the District Court scale as agreed, or, failing agreement, as assessed.

3.    The Applicant's costs will be assessed as follows:

(a) The Applicant will deliver to the Respondent an itemised claim for costs referring to the relevant items contained in the scale; and
(b) If within 14 days of that delivery, the parties have not agreed to an amount for costs, the costs shall be assessed by Hickey & Garrett, Legal Costs Assessors, Level 21, 141 Queen Street Brisbane.

4.    The Respondent will pay the Applicant's costs (as agreed or assessed) within fourteen (14) days of such agreement or assessment by Hickey & Garrett, Legal Costs Assessors, Level 21, 141 Queen Street Brisbane.

CATCHWORDS:

COSTS – application to QCAT for costs of proceedings started in former Commercial and Consumer Tribunal – factors in awarding costs – interests of justice

COSTS – offer to settle – offer rejected – final decision not more favourable to applicant than offer

Queensland Civil and Administrative Tribunal Act 2009, ss 100, 102
Commercial and Consumer Tribunal Act 2003, ss 70, 71

Tamawood Limited v Paans[2005] QCA 111 applied

APPEARANCES and REPRESENTATION (if any):

The application was determined on the papers.

REASONS FOR DECISION

Introduction

1. This is an Application for costs arising from an application to review the Respondent’s decision dated 27 June 2008 to reject the Applicant’s claim for insurance made pursuant to the statutory insurance scheme administered by the Respondent (“the Decision”).

2. The Tribunal had jurisdiction to review the Decision by virtue of sections 86(1)(h) of the Queensland Building Services Authority Act 1991 (QId) (“the QBSA Act'') and Part 1, Division 3 of the Queensland Civil and Administrative Tribunal Act 2009 (QId) (“the QCAT Act'').

3. On 7 February 2011, the Tribunal decided as follows:

   1.The decision of 27 June 2008 assessing the entitlement of the Applicant in respect of his claim under the statutory insurance scheme as being the sum of $ nil is set aside.

   2.The Applicant is entitled to payment in the sum of $171,212 plus relocation costs of $5,000 and interest of $351.75 making a total of $176,563.75 in respect of his claim under the statutory insurance scheme.

   3.The parties will file in the registry and exchange written submissions in relation to costs within 14 days of the date of this order and…