QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Mt Cotton Constructions Pty Ltd v Greer & Anor [2020] QCATA 157
PARTIES:
MT COTTON CONSTRUCTIONS PTY LTD
(applicant)
v
KATE GREER
(first respondent)
DAMIEN GREER
(second respondent)
APPLICATION NO/S:
APL145-17
ORIGINATING APPLICATION NO/S:
BDL190-14
MATTER TYPE:
Appeals
DELIVERED ON:
17 November 2020
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Senior Member Brown
Member Burke
ORDERS:
1. Leave to appeal refused.
2. The parties must file in the Tribunal three (3) copies and exchange one (1) copy of written submissions (no longer than 4 pages) in respect of the question of costs of the appeal within 14 days of the date of these orders.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – APPEAL AS TO COSTS – RELEVANT PRINCIPLES – WHERE WRONG EXERCISE OF DISCRETION – where the tribunal awarded costs on an indemnity basis in circumstances where an offer to settle was made but not accepted – whether error in the application of s 105 of the QCAT Act and r 86 of the QCAT Rules - consideration of the costs consequences flowing from a failure to accept a Calderbank offer – consideration of the reasonableness of the party in rejecting the offer
Domestic Building Contracts Act 2000 (Qld) (repealed), s 84(3), s 84(4)
Queensland Building and Construction Commission Act 1991 (Qld), s 77
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 100, s 102(1), s 102(3), s 105, s 142(2)(c), s 142(3)(a)(iii)
Queensland Civil and Administrative Tribunal Rules 2009 (Qld), r 86
Bellgrove v Eldridge (1954) 90 CLR 613
Cachia v Grech [2009] NSWCA 232
Fick v Groves (No2) [2010] QSC 182
Glenwood Properties Pty Ltd v Delmoss Pty Ltd [1986] 2 Qd R 388
Greer & Anor v Mt Cotton Constructions Pty Ltd [2018] QCATA 196
Lee Manson t/as Manson Homes v Brett & Anor [2018] QCATA 109
Lyons v Dreamstarter Pty Ltd [2011] QCATA 142
McGee v Queensland Building and Construction Commission & Anor [2018] QCATA 124
McIver Bulk Liquid Haulage Pty Ltd v Fruehauf Australia Pty Ltd [1989] 2 Qd R 577
Mt Cotton Constructions Pty Ltd v Greer [2017] QCAT 11
Mt Cotton Constructions Pty Ltd v Greer (No 2) [2017] QCAT 98
Maggbury Pty Ltd v Hafele Australia Pty Ltd [2000] QCA 172
Norbis v Norbis (1986) 161 CLR 513
Olindaridge Pty Ltd & Wagner v Tracey [2015] QCATA 175
Pivovarova v Michelsen [2016] QCATA 45
QUYD Pty Ltd v Marvass Pty Ltd [2009] 1 Qd R 41
Robinson v Harman (1848) 154 ER 363
Salam & Anor v Henley Properties (QLD) Pty Ltd [2016] QCATA 98
This matter was heard and determined on the papers pursuant to s 32…
Continue reading Mt Cotton Constructions Pty Ltd v Greer
Sign in free to access the full text
- AGLC
- Mt Cotton Constructions Pty Ltd v Greer [2020] QCATA 157
- Case
- [2020] QCATA 157
- Decision Date
CaseChat Overview and Summary
The court examined the principles governing costs in civil proceedings, particularly focusing on the impact of a Calderbank offer, which is an offer to settle on terms that include a promise to bear one’s own costs if the offer is not accepted. The tribunal had to assess the reasonableness of the rejecting party and determine if there had been a wrong exercise of discretion in awarding costs. The court considered whether the tribunal had appropriately balanced the relevant factors, including the merits of the case, the conduct of the parties, and the terms of the rejected offer.
The tribunal concluded that the ground of appeal concerning the costs order was not substantiated, as the lower tribunal had not erred in its application of the relevant provisions. The tribunal found that the rejection of the Calderbank offer was reasonable under the circumstances, and therefore, the costs order was appropriate. Consequently, the appeal was dismissed, and leave to appeal was refused. The tribunal directed the parties to submit written arguments on the costs of the appeal, to be considered in the context of any further costs orders arising from the proceedings.
In summary, the tribunal upheld the original costs order and declined to allow an appeal on the grounds presented. The court's decision reaffirmed the principles governing the assessment of costs in light of rejected settlement offers, emphasising the importance of the reasonableness of the rejecting party's conduct.
Orders
Orders of the court
1. Leave to appeal refused.
2. The parties must file in the Tribunal three (3) copies and exchange one (1) copy of written submissions (no longer than 4 pages) in respect of the question of costs of the appeal within 14 days of the date of these orders.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.