Halkett v Queensland Building Services Authority

[2009] QCAT 30

Citation:Halkett v Queensland Building Services Authority [2009] QCAT 30

Parties:  Carol Halkett

v

Queensland Building Services Authority

Application No:         QR235-09

Matter Type:             Occupational Regulation matters

Delivered on:             9^th December 2009

Delivered at:              Brisbane

Hearing date:            On the papers

Decision of:               Dr Bridget Cullen Mandikos

Catchwords: Withdrawal of Application by consent, section 46 of the Queensland Civil and Administrative Tribunal Act 2009; Fixed costs awarded following withdrawal, section 77 of the Queensland Civil and Administrative Tribunal Act 2009.

ORDERS MADE:   

Leave is granted, permitting the Applicant, Carol Halkett, to withdraw her Application for Review brought against the Respondent, the Queensland Building Services Authority.

The Respondent, the Queensland Building Services Authority, to pay to the Applicant, Carol Halkett, costs fixed in the sum of Two Hundred and Forty-Five Dollars ($245.00) within 30 days of the date of this Order.

Reasons for Decision

[1]This is an Application for review of a decision by the Queensland Building Services Authority, dated 25^th August 2009, involving repair work to weatherboards at the property of the Applicant, Carol Halkett.  The Application for review was filed on 23^rd September 2009, and an Affidavit of Service filed on 8^th October 2009, with the then Commercial and Consumer Tribunal.

[2]The Commercial and Consumer Tribunal has amalgamated into the Queensland Civil and Administrative Tribunal (“QCAT”). QCAT now hears and decides all matters previously dealt with by the Commercial and Consumer Tribunal: section 256 Queensland Civil and Administrative Tribunal Act 2009.

[3]On 30^th November 2009, the Applicant and Respondent filed a Form 6 Consent Notice with the then Commercial and Consumer Tribunal, requesting orders (1) permitting the withdrawal of the Applicant’s Review Application; and (2) requiring the Respondent to pay the Applicant’s costs fixed in the amount of Two Hundred and Forty-Five Dollars ($245.00) within 30 days of receiving the signed Consent Notice from the Applicant.

[4]Section 46 of the Queensland Civil and Administrative Tribunal Act 2009 provides that with the leave of the Tribunal, withdrawal of an application is permitted.  I grant this leave, and permit the Applicant to withdraw her Application for Review.

[5]Section 77 of the Queensland Civil and Administrative Tribunal Act 2009 provides that if the Tribunal may award costs under this Act or an enabling Act, the costs may be awarded at any stage of a proceeding or after the

proceeding has ended.  Accordingly, I Order the Respondent to pay to the            Applicant costs fixed in the sum of Two Hundred and Forty-Five Dollars     ($245.00) within 30 days of the date of this Order.