QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
FOX V QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION [2024] QCAT 456
PARTIES:
RICHARD THOMAS FOX (applicant)
v
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION (respondent)
APPLICATION NO/S:
OCR009-24
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
18 October 2024
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Senior Member Aughterson
ORDERS:
1. The application for costs is dismissed.
CATCHWORDS:
ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where application for a Builder-Low Rise licence refused – where subsequent reconsideration of the decision and licence granted – where applicant withdrew review application and applied for costs – approach to costs orders in the Tribunal – whether order for costs should be made
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 3, s 100, s 102
Atanaskovic v Birketu Pty Ltd [2023] NSWCA 312
Bell Lawyers Pty Ltd v Pentelow (2019) 269 CLR 333
Brisbane Marine Pilots Pty Ltd (in liquidation) v General Manager of Maritime Safety Queensland,Department of Transport and Main Roads and Ors (costs) [2022] QCAT 225
Cantamessa v Queensland Building and Construction Commission (No 2) [2021] QCAT 213
Fuge v Queensland Building and Construction Commission [2014] QCAT 383
Lourey v Legal Profession Complaints Committee [2012] WASCA 112
Marzini v Health Ombudsman (No 4) [2020] QCAT 365
Medical Board of Australia v Wong [2017] QCA 42
Motor Vehicle Industry Board v Dawson [2006] WASAT 8
Paridis v Settlement Agents Supervisory Board [2007] WASCA 97Porteous v Pharmacy Board of Australia (No 2) [2021] QCAT 390
Pound v Queensland Building and Construction Commission [2023] QCAT 298
Richards & Anor v Queensland Building and Construction Commission & Anor (No 2) [2019] QCAT 372
Stuart v Queensland Building and Construction Commission [2016] QCATA 135
Young v Legal Profession Complaints Committee [2022] WASCA 52
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
The applicant has applied for costs in relation to his application to review the initial decision of the respondent (‘the QBCC’) to disallow a licence application for a Builder-Low Rise. Following a reconsideration of that decision and the approval of the licence, the applicant withdrew his review application before the Tribunal and made an application for costs in the sum of $19,031.49, of which $15,375 is for ‘professional fees’.
Sections 100 to 109 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’) deal with the issue of costs. Section 100 of the QCAT Act is headed ‘Each party usually bears own costs’ and provides:
Other than as provided under this Act or an enabling Act, each party to a proceeding must bear the party’s own costs for the proceeding.
Section 102 is headed ‘Costs against party in interests of justice’ and provides:
(1) The tribunal may make an order requiring a party to a proceeding to pay all or a stated part of the costs of another party…
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- Case
- [2024] QCAT 456
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Tribunal was whether an order for costs should be made in favour of Fox. This required the Tribunal to consider the principles of costs in administrative law, particularly in relation to applications that are withdrawn and the circumstances under which costs orders may be appropriate. The Tribunal needed to balance the interests of the applicant in recovering costs against the public interest in ensuring efficient use of administrative resources.
The Tribunal concluded that while Fox had a legitimate interest in seeking costs, the overall circumstances did not warrant a costs order. The Tribunal found that the withdrawal of the review application did not automatically entitle Fox to costs. Instead, the Tribunal considered factors such as the conduct of the parties, the merits of the case, and the public interest in efficient use of resources. Given these factors, the Tribunal determined that an order for costs should not be made.
The Tribunal dismissed Fox's application for costs. The reasoning was based on a balanced assessment of the principles governing costs orders and the specific circumstances of the case. This outcome reflects the Tribunal's approach to ensuring that costs orders are made judiciously and in accordance with the relevant legal principles.
Orders
Orders of the court
1. The application for costs is dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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