Goldfield Projects Pty Ltd v Queensland Building and Construction Commission

Goldfield Projects Pty Ltd appealed against a decision of the Queensland Building and Construction Commission regarding a breach of a settlement agreement reached at a compulsory conference. The dispute was heard in the Queensland Civil and Administrative Tribunal. The legal issues before the court involved the Commission's jurisdiction to make an order sought in a review application, particularly in light of a final order previously made in the matter.

The court considered whether it had jurisdiction to entertain the Commission's application for costs following the settlement agreement breach. The court found that, since a final order had already been made, the Tribunal lacked the jurisdiction to make the order sought by the Commission in the review application. The court held that the final order rendered the application for costs moot, as the substantive matter had already been conclusively determined.

Consequently, the appeal was dismissed. The court ordered the Commission to file and provide Goldfield Projects Pty Ltd with copies of submissions and evidence in support of any application for costs by a specified date. If such an application was made, Goldfield Projects Pty Ltd was to respond in a similar manner, with the application for costs to be determined on the papers unless an oral hearing was requested. If no application for costs was made, each party was to bear its own costs of the appeal.