Harrison v Meehan; Meehan v Harrison - [2019] QCATA 15

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

CITATION:
Harrison & Anor v Meehan; Meehan v Harrison & Anor

[2019] QCATA 15

PARTIES:
In APL273-15:

KAREN HARRISON
(first applicant/appellant)

SCOTT HARRISON

(second applicant/appellant)

v

MICHAEL MEEHAN

(respondent)

In APL375-15: MICHAEL MEEHAN

(applicant/appellant)

v

KAREN HARRISON

(first respondent)

SCOTT HARRISON

(second respondent)

APPLICATION NO/S:

APL273-15 APL375-15

ORIGINATING APPLICATION NO/S: BDL120-14

MATTER TYPE: Appeals

DELIVERED ON: 7 February 2019

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF:
Senior Member Brown

Senior Member Guthrie

ORDERS:
In APL273-15

1. Michael Meehan must pay to Karen and Scott Harrison their costs in proceeding BDL120-14 fixed in the amount of SIX THOUSAND, THREE

HUNDRED AND NINETY DOLLARS ($6,390.00)

within twenty-eight (28) days of the date of this decision.

In APL375-15
2. Michael Meehan must pay to Karen and Scott Harrison their costs in proceeding APL273-15, including the costs of the Application for miscellaneous matters filed 31 July 2015, fixed in the amount of FOUR THOUSAND AND SIXTY- NINE DOLLARS AND FORTY CENTS ($4,069.40) within twenty-eight (28) days of this decision.

Karen and Scott Harrison must pay to Michael Meehan his costs of proceeding APL375-15 to be assessed on the standard basis in accordance with the Uniform Civil Procedure Rules 1999 (Qld), Magistrates Court Scale of Costs, Schedule 2, Part 3 as if the proceeding had been heard and determined in the Magistrates Court of Queensland.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL

MATTERS – costs award where costs cannot be fixed in appeal proceedings

Harrison & Anor v Meehan (No. 2) [2018] QCATA 191.

REPRESENTATION:

In APL273-15

Applicant: Self-represented

Respondent: No appearance

In APL375-15

Applicant: No appearance

Respondent: Self-represented

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the

Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

On 19 December 2018 we delivered our reasons in relation to the proposed costs orders to be made in these appeals.1 The parties were given an opportunity to file and serve further submissions in relation to the application to dismiss filed in APL273-15. At the time we delivered our reasons Mr and Mrs Harrison had not placed before the Appeal Tribunal any evidence in relation to the costs they said they incurred in relation to the application to dismiss.
On 7 February 2019 we gave our final decision in relation to the costs in both appeals. These are our reasons.

Costs in BDL120-14

In accordance with our reasons delivered on 19 December 2018, the Harrisons are entitled to their costs of proceeding BDL120-14 calculated as follows:

(a) Filing fees on application $ 285.00

(b)

Expert’s fees

$1,980.00

(c)

Counsel’s fees

$4,125.00

TOTAL

$6,390.00

Costs in APL273-15

In accordance with our reasons delivered on 19 December 2018, the Harrisons are entitled to their costs of the appeal calculated as follows:

(a) Filing fees $ 631.40

(b)

Counsel’s fees – 20% of $11,690.00

$2,338.00

(c)

Application to dismiss – Counsel’s fees

$1,100.00

TOTAL

$4,069.40

In…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2019] QCATA 15
Decision Date: 7 February 2019

CaseChat Overview and Summary

The parties involved in the case were Michael Meehan and Karen and Scott Harrison. The dispute arose out of a proceeding where the Harrisons had been successful. The matter was heard in the Supreme Court of New South Wales. The court was tasked with determining the costs incurred by the Harrisons in the proceedings.

The legal issue before the court was whether the costs that the Harrisons incurred in the original proceeding could be fixed in the appeal proceedings. The court needed to determine whether it had the jurisdiction to fix costs in the appeal, given that the matter had already been decided in the original proceeding. The court also had to consider the principles of costs in the circumstances of the case.

In delivering its judgment, the court held that it did have the jurisdiction to fix costs in the appeal proceedings. The court noted that while the original proceeding had been decided, the appeal proceedings were a separate matter and the court had the power to fix costs in those proceedings. The court further held that the principles of costs applied equally to both the original and appeal proceedings. The court found that the Harrisons were entitled to be compensated for the costs they had incurred in the appeal proceedings and fixed the costs in the amount of $6,300.

The court's final order was that Michael Meehan must pay to Karen and Scott Harrison their costs in proceeding BDL120-14 fixed in the amount of $6,300. This order reflected the court's determination that the Harrisons were entitled to be compensated for the costs they had incurred in the appeal proceedings.

Orders

Orders of the court

1. Michael Meehan must pay to Karen and Scott Harrison their costs in proceeding BDL120-14 fixed in the amount of SIX THOUSAND, THREE

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

CITATION:	Harrison & Anor v Meehan; Meehan v Harrison & Anor [2019] QCATA 15
PARTIES:	In APL273-15: KAREN HARRISON (first applicant/appellant)
SCOTT HARRISON (second applicant/appellant) v
MICHAEL MEEHAN (respondent)
In APL375-15: MICHAEL MEEHAN (applicant/appellant) v
KAREN HARRISON (first respondent)
SCOTT HARRISON (second respondent)
APPLICATION NO/S:	APL273-15 APL375-15
ORIGINATING APPLICATION NO/S:	BDL120-14
MATTER TYPE:	Appeals
DELIVERED ON:	7 February 2019
HEARING DATE:	On the papers
HEARD AT:	Brisbane
DECISION OF:	Senior Member Brown Senior Member Guthrie
ORDERS: In APL273-15	1. Michael Meehan must pay to Karen and Scott Harrison their costs in proceeding BDL120-14 fixed in the amount of SIX THOUSAND, THREE

In APL375-15	2. Michael Meehan must pay to Karen and Scott Harrison their costs in proceeding APL273-15, including the costs of the Application for miscellaneous matters filed 31 July 2015, fixed in the amount of FOUR THOUSAND AND SIXTY- NINE DOLLARS AND FORTY CENTS ($4,069.40) within twenty-eight (28) days of this decision. Karen and Scott Harrison must pay to Michael Meehan his costs of proceeding APL375-15 to be assessed on the standard basis in accordance with the Uniform Civil Procedure Rules 1999 (Qld), Magistrates Court Scale of Costs, Schedule 2, Part 3 as if the proceeding had been heard and determined in the Magistrates Court of Queensland.
CATCHWORDS:	PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL MATTERS – costs award where costs cannot be fixed in appeal proceedings Harrison & Anor v Meehan (No. 2) [2018] QCATA 191.
REPRESENTATION:
In APL273-15
Applicant:	Self-represented
Respondent:	No appearance
In APL375-15
Applicant:	No appearance
Respondent:	Self-represented
APPEARANCES: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

(a)	Filing fees on application	$ 285.00
(b)	Expert’s fees	$1,980.00
(c)	Counsel’s fees	$4,125.00
TOTAL	$6,390.00

(a)	Filing fees	$ 631.40
(b)	Counsel’s fees – 20% of $11,690.00	$2,338.00
(c)	Application to dismiss – Counsel’s fees	$1,100.00
TOTAL	$4,069.40