Jolliffe v Bribie Investments Pty Ltd
[2012] QCAT 19
•1 February 2012
| CITATION: | Jolliffe and Anor v Bribie Investments Pty Ltd [2012] QCAT 19 |
| PARTIES: | Mr Alan Jolliffe Ms Lara Wilson (Applicant) |
| v | |
| Bribie Investments Pty Ltd (Respondent) |
| APPLICATION NUMBER: | MCDO1850-10 |
| MATTER TYPE: | Other minor civil disputes matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Alex Crawford, Adjudicator |
| DELIVERED ON: | 1 February 2012 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | No order as to costs. |
| CATCHWORDS: | Costs – Minor civil dispute Queensland Civil and Administrative Tribunal Act2009, s 102 |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of Queensland Civil and Administrative Tribunal Act2009 (QCAT Act).
REASONS FOR DECISION
On 11 November 2011 the Tribunal ordered:
1.The application is dismissed
2.The respondent will file in the Tribunal and serve on the applicant any submissions regarding costs on or before 4:00pm on 25 November 2011.
3.The applicants will file in the Tribunal and serve on the respondent any submissions regarding costs on or before 4:00pm on 9 December 2011.
4.The issue regarding costs will be determined on the papers.
The respondents filed and served a copy of its submissions as to costs on 29 November 2011. The applicants have filed no submissions as to costs.
While this matter is clearly a complex and lengthy matter and the Tribunal was minded to order costs bearing in mind s 102(3)(a) of the QCAT Act in particular, the Tribunal is constrained by s 102(2) of the QCAT Act which says:
However, the only costs the tribunal may award under subsection (1) against a party to a proceeding for a minor civil dispute are the costs stated in the rules as costs that may be awarded for minor civil disputes under this section.
Rule 83 says:
83 Costs that may be awarded for minor civil dispute other than minor debt claim
For section 102 of the Act, the tribunal may award costs against a party to a proceeding for a minor civil dispute other than a minor debt claim—(a)only if the party is a respondent against whom the tribunal has made a final decision; and
(b)only to order the party to pay to the applicant the amount of any prescribed fee paid by the applicant on filing the application for the proceeding.
As this matter is a minor civil dispute[1] and the upshot is that the only order that can be made by the Tribunal is that there be no order as to costs.
[1] As outlined in schedule 3 of the QCAT Act.
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