Jezer Construction Group P/L v Lilischkies

Jezer Construction Group P/L and Lilischkies were involved in a dispute that was brought before the Supreme Court. The nature of the dispute centred around the assessment of costs that arose from a matter that had initially been before the Queensland Building Tribunal. The Tribunal had dismissed the proceeding, but ceased to exist before the costs could be assessed. The Commercial and Consumer Tribunal was found to lack the jurisdiction to determine the application for the assessment of these costs, leading the parties to seek the intervention of the Supreme Court.

The primary legal issue before the court was whether it was appropriate to have the Registrar assess the costs based on the agreement made by the parties that the costs in the Queensland Building Tribunal be assessed according to the Supreme Court scale of costs on the standard basis. The court had to determine whether it was within its jurisdiction to proceed with this assessment after the Tribunal's dismissal and subsequent cessation of existence. Furthermore, the court needed to consider if the Commercial and Consumer Tribunal's lack of jurisdiction to determine the application meant that the Supreme Court could rightfully take over the assessment of costs.

The court found that it was within its purview to assess the costs as per the agreement made by the parties. It reasoned that the cessation of the Queensland Building Tribunal did not deprive the court of the authority to enforce the agreed scale of costs. Additionally, the court held that since the Commercial and Consumer Tribunal did not have the jurisdiction to determine the application, it was appropriate for the Supreme Court to assess the costs as per the agreement. The court concluded that it was within its jurisdiction to assess the costs and that the Registrar could proceed to do so on the standard basis as per the agreement between the parties.

As a result, the court ordered that the Registrar assess the costs in accordance with the Supreme Court scale of costs on the standard basis, as agreed upon by the parties. This decision ensured that the agreed terms were honoured and that the costs were assessed in a manner consistent with the original agreement between Jezer Construction Group P/L and Lilischkies.