Lyons v Dreamstarter Pty Ltd

The case of Lyons v Dreamstarter Pty Ltd involved the Applicant, Mr Lyons, and the Respondent, Dreamstarter Pty Ltd. The dispute arose from proceedings before the Queensland Building and Construction Commission (QBCC) concerning the Applicant's application for registration as a home builder. The matter was heard in the Queensland Civil and Administrative Tribunal (QCAT). The central issue before QCAT was whether it should proceed with an assessment of costs in the absence of an agreement between the parties or instead rely on an agreed methodology proposed by the parties. The Applicant sought an order for the QBCC to appoint an assessor from a panel proposed by him, while the QBCC argued for an assessment of costs without the need to appoint an assessor.

QCAT examined the parties' history and their inability to reach an agreement on the costs. Despite this, the parties had agreed on a methodology for assessing the costs, which QCAT found to be a significant point. The Tribunal was tasked with deciding whether to proceed with an assessment of costs based on the agreed methodology or to appoint an assessor as per the statutory rules. In the end, QCAT determined that the agreed methodology was sufficient to proceed with the assessment of costs. The Tribunal held that it was not necessary to appoint an assessor if the parties could agree on the methodology for the assessment. Consequently, QCAT ordered the QBCC to provide specific information regarding the proposed panel members within ten days from the date of the order, to facilitate the assessment of costs.