Grasso v CMG Consulting Engineers Pty Ltd

CITATION: Grasso and Anor v CMG Consulting Engineers Pty Ltd [2012] QCAT 205

PARTIES:	Steven Grasso Diane Grasso
v
CMG Consulting Engineers Pty Ltd

APPLICATION NUMBER: BD330-08

MATTER TYPE: Building matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: B Cotterell, Member

DELIVERED ON: 18 May 2012

DELIVERED AT: Brisbane

ORDERS MADE:

1.  CMG Consulting Engineers Pty Ltd pay Steven Grasso and Diane Grasso’s costs of and incidental to the proceedings against CMG Consulting Engineers Pty Ltd, including reserved costs, on a standard basis to be assessed on the District Court scale of costs.

2.  Steven Grasso & Diane Grasso shall deliver to CMG Consulting Engineers Pty Ltd an itemised claim for costs referring to the relevant items contained in the District Court scale of costs.

3.  If within 14 days of that delivery, the parties have not agreed on an amount of costs, the costs shall be assessed by Hickey and Garrett, Legal Costs Assessors, Level 21, 141 Queens Street, Brisbane, 4000.

4.  CMG Consulting Engineers Pty Ltd shall pay Steven Grasso & Diane Grasso’s costs (as agreed or assessed) within 14 days of such agreement or assessment.

CATCHWORDS:

Costs

Queensland Building Services Authority Act 1991, s 77(1)(h)
Queensland Civil and Administrative Tribunal Act 2009, s 100

Lyons v Dreamstarter Pty Ltd [2011] QCATA 142
Oshlack v Richmond River Council (1998) 193 CLR 72
Queensland Building Services Authority v Johnston [2011] QCATA 265

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. On 3 September 2008 the applicants filed an application in the former Commercial and Consumer Tribunal seeking relief arising out of a building dispute, pursuant to section 77(1) of the Queensland Building Services Authority Act 1991 (QBSA Act).  On 3 December 2008 a Consent Order was made that the parties were permitted legal representation in the proceedings.

2. The matter eventually proceeded to a hearing in Cairns on 8, 9 and 10 November 2011.

3. The Applicants seek their costs incurred in the Application, pursuant to section 102 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

4. The Applicants seek costs on a standard basis (on the District Court Scale).

Costs jurisdiction

1. It is material to the application for costs that the matter had been commenced in QCAT’s predecessor the Commercial and Consumer Tribunal (CCT) and was, when QCAT commenced on 1 December 2009, a ‘pending proceeding’ under s 245 of the QCAT Act.

2. The Appeal Tribunal has identified in a previous matter[1], that s 271 should not be read in a way which results in the application of the costs provisions of the Commercial and Consumer Tribunal Act2003 but, rather, to mean that while QCAT only has the power in pending proceedings which the CCT had (including the power to award costs), the question whether costs should be awarded must be determined by reference to the QCAT costs…