Fenwick v Queensland Building Services Authority

The case of Fenwick v Queensland Building Services Authority involved an application by the applicant for costs incurred during proceedings that began at the Commercial and Consumer Tribunal and were subsequently transferred to the Queensland Civil and Administrative Tribunal (QCAT). The applicant sought an order for the respondent to pay the costs of the proceedings on the basis that the respondent had failed to settle the matter in a manner favourable to the applicant. The legal issues before QCAT were whether the respondent's offer to settle was rejected unfairly and whether the final outcome of the proceedings was not more favourable to the applicant than the offer. QCAT considered the nature of the proceedings, the timing of the offer, and the eventual outcome, and found that the applicant's costs should be awarded on a standard basis for the period up until the offer and on an indemnity basis thereafter. The court ordered that the respondent pay the applicant's costs from 23 July 2008 to 19 May 2009 on a standard basis and from 19 May 2009 onwards on an indemnity basis. The court also specified the process for determining the exact amount of costs to be paid, including the requirement for the applicant to deliver an itemised claim for costs and the appointment of an independent assessor should the parties be unable to agree on the amount. The respondent was required to pay the applicant's costs within fourteen days of agreement or assessment by the appointed assessors.