Mt Cotton Constructions Pty Ltd v Greer (No 2)

Mt Cotton Constructions Pty Ltd v Greer (No 2) involved an application by the applicant, Mt Cotton Constructions Pty Ltd, to rely on further evidence in support of its quantum meruit claim. The respondent, Damian Greer, opposed the application on the basis that it was an abuse of process and should be dismissed. The case was heard by the Queensland Civil and Administrative Tribunal (QCAT). The central legal issue was whether the Tribunal should exercise its discretion to allow the late evidence and, if not, whether the conduct of the applicant warranted an order for indemnity costs. The Tribunal found that the application was not hopeless and dismissed it based on the exercise of its discretion. However, the Tribunal also found that the applicant's conduct in pursuing the application was not sufficiently unusual or special to warrant indemnity costs.

The Tribunal noted that the application was brought after a lengthy delay and that the applicant's explanations for the delay and change in position regarding the evidence were unconvincing. Despite this, the Tribunal found that the application was not doomed to fail and that any award of costs should be on a standard basis or in a fixed sum reflective of such basis. The Tribunal referred to the principles in Colgate-Palmolive Company and observed that an order for indemnity costs should not be seen as too readily available. The Tribunal ultimately found that the circumstances of the application did not fall within the categories of cases identified by Sheppard J in Colgate-Palmolive Company that warrant indemnity costs. The Tribunal fixed the costs of the application in the amount of $11,485.50 to be paid by the applicant within fourteen days.