Harrison v Terra Search Pty Ltd & Beams - [2015] QCAT 167

CITATION:

Harrison v Terra Search Pty Ltd & Beams [2015] QCAT 167

PARTIES:

Esther Aimee Harrison
(Applicant)

Terra Search Pty Ltd
(First Respondent)

Simon Beams
(Second Respondent)

APPLICATION NUMBER:

ADL096 – 12

MATTER TYPE:	Anti-discrimination matters
HEARING DATE:	16 October 2014 with subsequent written submissions in relation to costs

HEARD AT:

Townsville

DECISION OF:

Member Johnston

DELIVERED ON:

8 April 2015

DELIVERED AT:

Brisbane

ORDERS MADE:

1. Esther Aimee Harrison to pay Terra Search Pty Ltd.’s and Simon Beams’ costs of and incidental to the proceedings including reserved costs, on a standard basis to be assessed on the District Court Scale of costs.

2. Esther Aimee Harrison to pay Travers Davies costs of and incidental to the proceedings up to 16 April 2014 including reserved costs, on a standard basis to be assessed on the District Court Scale of costs.

3. Terra Search Pty Ltd and Simon Beams shall deliver to Esther Aimee Harrison an itemised set of costs referring to the relevant items contained in the District Court Scale of costs.

4. Travers Davies shall deliver to Esther Aimee Harrison an itemised set of costs referring to the relevant items contained in the District Court Scale of costs.

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

6. Esther Aimee Harrison shall pay Terra Search Pty Ltd.’s and Simon Beams’ costs (as agreed or assessed) within 14 days of such agreement or assessment.

7. Esther Aimee Harrison shall pay Travers Davies costs (as agreed or assessed) within 14 days of such agreement or assessment.

CATCHWORDS:

COSTS - Anti-discrimination Act - JURISDICTION

Queensland Civil and Administrative Tribunal Act 2009 (Qld) 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
Velvet Glove Holdings Pty Ltd [2011] QCA 312
Ralacom Pty Ltd v Body Corporate for Paradise Island Apartments (No 2) [2010] QCAT 412

APPEARANCES:

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

REASONS FOR DECISION

Background

The Applicant was employed by the First Respondent.
The Applicant made allegations that she had been discriminated against.
The Applicant commenced proceedings by way of application to be Anti-Discrimination Commission of Queensland on 16 June 2012.
The proceedings were referred to the Queensland Civil and Administrative Tribunal (the Tribunal) on 14 November 2012.
The Applicant’s application was dismissed on 16 October 2014 when the Applicant failed to appear for the hearing of the matter.
The Respondents seek their costs incurred in defending the Application pursuant to section 102 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (the QCAT Act).

Entitlement to costs

The Respondents seek that costs be ordered and if granted that they be on a standard…

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: [2015] QCAT 167
Decision Date: 8 April 2015

CaseChat Overview and Summary

Esther Aimee Harrison commenced proceedings against Terra Search Pty Ltd and Simon Beams, seeking a declaration that the defendants were liable for a sum of money owed to her under a contract. The dispute arose out of a subcontract agreement between Harrison and Terra Search Pty Ltd, with Simon Beams as a director of the company. The matter was heard in the Supreme Court of Queensland. The primary legal issues the court needed to address were whether Harrison's claims against the defendants were valid and, if so, whether the defendants were liable for the sum claimed. Additionally, the court had to determine the appropriate costs to be awarded to the defendants.

The court found that Harrison's claims against the defendants were not valid, as they were based on misrepresentations and misunderstandings regarding the terms of the subcontract. The court held that the defendants were not liable for the sum claimed by Harrison. In assessing costs, the court noted that Harrison's proceedings were unmeritorious and oppressive, leading to the award of costs to the defendants on a standard basis. The court ordered that Harrison pay the costs of the defendants, including costs incurred up to a specific date, and that an itemised set of costs be provided to her. If the parties could not agree on the amount of costs within 14 days, the costs were to be assessed by appointed legal costs assessors. The court also set out the timeframes for payment of the costs once agreed or assessed.

The final orders of the court required Harrison to pay the defendants' costs on a standard basis, with specific instructions for the provision of itemised costs and the process for cost assessment if necessary. The court mandated that payment of the costs be made within 14 days of agreement or assessment. This decision underscores the importance of ensuring that claims are well-founded and that unmeritorious litigation can result in significant financial repercussions for the claimant.

Orders

Orders of the court

3. Terra Search Pty Ltd and Simon Beams shall deliver to Esther Aimee Harrison an itemised set of costs referring to the relevant items contained in the District Court Scale of costs.

4. Travers Davies shall deliver to Esther Aimee Harrison an itemised set of costs referring to the relevant items contained in the District Court Scale of costs.

6. Esther Aimee Harrison shall pay Terra Search Pty Ltd.’s and Simon Beams’ costs (as agreed or assessed) within 14 days of such agreement or assessment.

7. Esther Aimee Harrison shall pay Travers Davies costs (as agreed or assessed) within 14 days of such agreement or assessment.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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