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

1. 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.

2. 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

1. 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

1. 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

1. In relation to the counsel’s fees claimed by the Harrisons in the amount of $3,300, while the Harrisons have provided evidence of the payment of the invoice, the invoice rendered by counsel is not particularised and refers to:

   Review application for REO006-15 and stay application; correspondence to Mr Panayi regarding misconceived applications; review of QCAT decisions for REO006-15, APL273-15 and extension of time application (time engaged approximately 2 days but say capped at 1.25 days)

1. Doing the best we can with the lack of particularity contained in the invoice, we allow one third of the invoice, in the amount of $1,100.

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

Costs in APL375-15

1. In accordance with our reasons delivered on 19 December 2018, Mr Meehan is entitled to his costs of the appeal. The monetary amount, the subject of the appeal, was within the jurisdiction of the Magistrates Court. If costs cannot be fixed, itemised scales of costs are the most appropriate basis upon which to award costs in appeal proceedings such as these. Accordingly, Mr Meehan should have his costs of the appeal to be assessed on the standard basis in accordance with Schedule 2, Part 3 of the Uniform Civil Procedure Rules 1999 (Qld) as if the appeal had been one heard and determined in the Magistrates Court of Queensland.

Costs in REO006-15

1. As set out in our reasons delivered on 19 December 2018, proceeding REO006-15 is not before the Appeal Tribunal. If either party seeks their costs in REO006-15 they must bring an application in that proceeding.