Mulcahy v MacDonnells Law
[2016] QCAT 257
•31 March 2016
| CITATION: | Mulcahy v MacDonnells Law [2016] QCAT 257 |
| PARTIES: | CATHERINE MULCAHY (Applicant) |
| v | |
| MacDONNELLS LAW (Respondent) |
| APPLICATION NUMBER: | OCR238-14 |
| MATTER TYPE: | Occupational regulation matters |
HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Justice Carmody |
| DELIVERED ON: | 31 March 2016 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The application for miscellaneous matters is refused. |
| CATCHWORDS: | APPEAL – LEAVE TO APPEAL – APPLICATION FOR MISCELLANEOUS MATTERS – where the applicant seeks leave to amend an application for leave to appeal. Legal Profession Act 2007 (Qld) s 328 |
APPEARANCES and REPRESENTATION (if any):
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
This is an application for miscellaneous matters, in which the applicant is seeking leave to add a counter-claim to a substantive application to the Tribunal. The substantive application seeks to set aside a costs agreement under s 328 of the Legal Profession Act 2007 (Qld) (“LPA”).
There are no particularised grounds for this counter claim. It would appear to be based on consequential losses the applicant claims to have incurred because of the costs agreement.
Section 328 of the LPA confers no jurisdiction on this Tribunal to grant additional compensation for losses flowing from an unreasonable, improper or otherwise unfair costs agreement. The extent of the Tribunal’s jurisdiction would be to reduce the amount of costs ultimately awarded. This would arise as a matter of evidence in the appeal hearing.
Out of fairness to the respondent, I do not think it is appropriate, at this late stage, to allow the applicant to raise new matters in the upcoming hearing that were not included in her originating application.
For this reason, the application for miscellaneous matters is refused.
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