Hatchy Investments Pty Ltd as Trustee for the Hatch Family Trust v Body Corporate for Park Side Apartments Toombul (No 2)

[2012] QCAT 517

CITATION: Hatchy Investments Pty Ltd as Trustee for the Hatch Family Trust v Body Corporate for Park Side Apartments Toombul (No 2) [2012] QCAT 517

PARTIES:	Hatchy Investments Pty Ltd (ACN 093 643 513) as Trustee for the Hatch Family Trust (Applicant)
v
Body Corporate for Park Side Apartments Toombul Community Title Scheme 39237 (Respondent)

APPLICATION NUMBER: OCL043-11

MATTER TYPE: Other civil dispute matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Ann Fitzpatrick, Member

DELIVERED ON: 24 October 2012

DELIVERED AT: Brisbane

ORDERS MADE: 1.    Each party bear their own costs of the proceeding.

CATCHWORDS: Costs

APPEARANCES and REPRESENTATION (if any):

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

REASONS FOR DECISION

1. By decision made on 21 February, 2012 it was ordered that no amendment be made to the reviewable term of the Caretaking Agreement between the applicant and the respondent as to the rate of remuneration or method of review set out in Clause 4 of Schedule Three to the Caretaking Agreement.

2. The applicant seeks an order that each party bear their own costs.  The respondent seeks no order as to costs and makes no other submissions.

3. The starting point for consideration of the question of costs is section 100 of the Queensland Civil and Administrative Tribunal Act 2009 which provides that other than as provided for by the Act or an enabling Act, each party must bear their own costs.

4. I accept the submissions of the applicant that it is appropriate that each party bear their own costs because neither party “won” the proceedings; the application involved complex questions of law which required legal representation and the respondent has superior financial resources to meet its costs.  Neither party seeks an order that their costs be met by the other party.  For these reasons, I do not consider it is in the interests of justice that any order be made other than that each party bear their own costs.

5. I order that each party bear their own costs of the proceeding.