Murphy v Number One Quality Homes Pty Ltd

In the matter of Murphy v Number One Quality Homes Pty Ltd, the parties were involved in a building dispute which was decided by the Queensland Civil and Administrative Tribunal (QCAT). Following the decision, the applicants made an application for leave to appeal against the QCAT's decision. QCAT dismissed the application for leave to appeal, and no order was made as to costs.

The legal issues before the court were whether QCAT has the power to award costs in a building dispute and, if so, whether costs should be awarded and, if so, whether they should be awarded as per the Magistrates Court scale. The applicants argued that QCAT had no power to award costs in the context of a building dispute and that, even if it did, the costs should be awarded as per the Magistrates Court scale. The respondent, on the other hand, contended that QCAT does have the power to award costs in building disputes and that the costs should be awarded in accordance with the District Court scale.

The court held that QCAT has the power to award costs in building disputes. The court further held that the costs should be awarded as per the District Court scale. The court reasoned that QCAT has inherent jurisdiction to award costs, and that the costs should be awarded as per the District Court scale as the parties had agreed to the District Court scale of costs in their contract.

The applicants were ordered to pay the respondent’s costs of the application for leave to appeal against the decision of the Tribunal delivered on 7 September 2020. The costs were to be agreed or, in default of agreement, to be assessed by an assessor appointed by the Tribunal by reference to the District Court scale of costs.