Greg Black Constructions Pty Ltd v Brodie

Greg Black Constructions Pty Ltd appealed against a Queensland Civil and Administrative Tribunal (QCAT) Member’s refusal to direct that the respondent, Brodie, serve further and better particulars. The appeal was discontinued after the Queensland Court of Appeal issued an order effectively directing that further and better particulars be served. Greg Black Constructions Pty Ltd and Brodie each sought the costs of the appeal.

The court had to determine whether the appellant was entitled to the costs of the appeal. This hinged on whether the appeal had been frivolous, vexatious or an abuse of process, and if so, whether the appellant was entitled to indemnity costs. The court had to weigh the circumstances of the case against the principle that costs follow the event.

The court found that the appeal was not frivolous, vexatious or an abuse of process. The appeal was not without merit and the appellant had a reasonable prospect of success. The court held that the appeal was brought in good faith and was not a waste of the court’s time. The court found that there were no exceptional circumstances warranting indemnity costs. Both parties’ applications for the costs of the appeal were dismissed.