| CITATION: | Mair Renovations v Miller [2016] QCAT 317 |
| PARTIES: | Jeffrey Mair t/as Mair Renovations Pamela Mair t/as Mair Renovations (Applicants) |
| v | |
| Duncan Thomas Miller Genevieve Kay Miller (Respondents) |
| APPLICATION NUMBER: | BDL271-13 |
| MATTER TYPE: | Building matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Member Browne |
| DELIVERED ON: | 6 September 2016 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Jeffrey Mair t/as Mair Renovations and Pamela Mair t/as Mair Renovations (‘Mair Renovations’) is to pay Duncan Thomas Miller and Genevieve Kay Miller’s (‘the Millers’) costs of and incidental to the proceeding (including reserved costs) on the standard basis of assessment in accordance with the District Court Scale of Costs up to and including 15 July 2014. 2. Mair Renovations is to pay all of the Millers’ reasonable costs (being actual costs incurred by the Millers providing the costs are reasobably incurred and of a reasonable amount) of and incidental to the proceeding from 16 July 2014. 3. If the amount of the Millers’ costs are not agreed between Mair Renovations and the Millers within 14 days, the costs are to be assessed by a cost assessor to be appointed by the Principal Registrar. 4. Mair Renovations is to pay the Millers’ costs (as agreed or asessed) within 14 days of such agreement or assessment. | ||
| CATCHWORDS: | PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL MATTERS – OTHER MATTERS – where parties legally represented – where respondent substantially successful at hearing – where respondent sought order for costs – where respondent made offer to settle – whether discretion to award costs should be exercised Queensland Building and Construction Commission Act 1991 (Qld), s 77 Landbuilt Pty Ltd v Ricchetti [2012] QCAT 209 Lyons v Dreamstarter Pty Ltd [2011] QCATA 142 Lyons v Dreamstarter Pty Ltd [2012] QCATA 071 Mair Renovations v Miller (No 2) [2014] QCAT 506 | ||
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
In 2013, proceedings were commenced against Duncan Thomas Miller and Genevieve Kay Miller (‘the Millers’) to recover money payable under a building contract plus variations and the cost of flooring for residential building work undertaken for the Millers.
The Millers filed a response and counter-claim for the cost of rectification of building work, rental costs and lost rental income from Jeffrey Mair and Pamela Mair trading as Mair Renovations (‘Mair Renovations’).
The building dispute proceeded to a hearing before me over six days and following a further directions hearing on 2 April 2015, the Tribunal…
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- Case
- [2016] QCAT 317
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the discretion to award costs should be exercised in favor of the Millers, given that they were substantially successful at the hearing. This required the court to consider the principles governing the award of costs in civil proceedings, particularly in light of the Millers' offer to settle the matter. The court had to balance the successful outcome of the Millers against the conduct of both parties during the litigation.
In its decision, the court held that the Millers were substantially successful in their defence of the claim, justifying an order for costs in their favour. The court noted that the Millers' offer to settle, while not accepted by Mair Renovations, was a relevant factor in the exercise of discretion. The court concluded that the discretion to award costs should be exercised in favor of the Millers, and it made a comprehensive order for the payment of costs, including specific provisions for the assessment and payment timelines if the parties could not agree on the amount of costs.
The court ordered Mair Renovations to pay the Millers' costs on the standard basis up to a certain date and on a reasonable basis thereafter. It further provided that if the parties could not agree on the costs within 14 days, a cost assessor would be appointed to determine the amount. Mair Renovations was also required to pay the agreed or assessed costs within 14 days of such determination.
Orders
Orders of the court
1. Jeffrey Mair t/as Mair Renovations and Pamela Mair t/as Mair Renovations (‘Mair Renovations’) is to pay Duncan Thomas Miller and Genevieve Kay Miller’s (‘the Millers’) costs of and incidental to the proceeding (including reserved costs) on the standard basis of assessment in accordance with the District Court Scale of Costs up to and including 15 July 2014.
2. Mair Renovations is to pay all of the Millers’ reasonable costs (being actual costs incurred by the Millers providing the costs are reasobably incurred and of a reasonable amount) of and incidental to the proceeding from 16 July 2014.
3. If the amount of the Millers’ costs are not agreed between Mair Renovations and the Millers within 14 days, the costs are to be assessed by a cost assessor to be appointed by the Principal Registrar.
4. Mair Renovations is to pay the Millers’ costs (as agreed or asessed) 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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