P W Woods (Builders) Pty Ltd v Hishon

[2014] QCAT 318

CITATION: P W Woods (Builders) Pty Ltd & Anor v Hishon [2014] QCAT 318

PARTIES:	P W Woods (Builders) Pty Ltd (First Applicant) Watch This Space Builders Pty Ltd (Second Applicant)
v
Peter Hishon (Respondent)

APPLICATION NUMBER: BDL358-12

MATTER TYPE: Building matter

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Member R F King-Scott

DELIVERED ON: 3 July 2014

DELIVERED AT: Brisbane

ORDERS MADE:	First and Second Applicants to pay the Respondent’s costs fixed at $48,225.61 by 4pm on 15 August 2014.
CATCHWORDS:	PROCEDURE – Costs – Discretion

APPEARANCES and REPRESENTATION (if any):

APPLICANT: P W Woods (Builders) Pty Ltd and Watch This Space Builders Pty Ltd represented by their agent Mr Peter Woods.

RESPONDENT: Peter Hishon represented by Leonard Watt, Solicitor of Doyles Construction Lawyers.

REASONS FOR DECISION

1. This was a building dispute.  The hearing occupied 3 days.  An immense amount of material was filed by the parties. 

2. All parties were granted leave to be legally represented and were legally represented.  However, at the hearing, Mr Woods elected to represent the First and Second Applicants.

3. The Applicants were unsuccessful in their claims.  The Respondent was successful in his counterclaim.

4. The Respondent now seeks an order for costs against both Applicants.

5. Section 77(1)(h) of the Queensland Building and Construction Commission Act 1991 gives the Tribunal a broad, general discretion to award costs in a building dispute. It displaces the usual no costs position in Tribunal matters as provided for by s 100 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).[1]

   [1]        Lyons v Dreamstarter Pty Ltd [2011] QCATA 142 at [30]-[36].

6. In my opinion, the Respondent, being the successful party, is entitled to his costs. 

7. The Applicants have not filed any submissions in response nor have they disputed the quantum of the amount claimed by the Respondent for costs.

8. Section 107 of the QCAT Act provides that the Tribunal, if it makes an order for costs under the QCAT Act or an enabling Act, must fix the costs if possible.

9. I consider the assessment of costs reasonable for the length and complexity of the hearing.  I allow the costs as claimed. 

10. I make the following order.  The First and Second Applicants pay the Respondent’s costs of and incidental to the hearing which I fix at $48,225.61.