PB v WorkCover Queensland

SUPREME COURT OF QUEENSLAND

CITATION:

PB v WorkCover Queensland [2021] QCA 27

PARTIES:

PB
(applicant/appellant)
v
WORKCOVER QUEENSLAND
ABN 40 577 162 756
(respondent)

FILE NO/S:

Appeal No 4414 of 2020
QCATA No 137 of 2018

DIVISION:

Court of Appeal

PROCEEDING:

Application for Leave Queensland Civil and Administrative Tribunal Act – Further Order

ORIGINATING COURT:

Queensland Civil and Administrative Tribunal – [2020] QCATA 29 (Senior Member Brown and Member Browne)

DELIVERED ON:

23 February 2021

DELIVERED AT:

Brisbane

HEARING DATE:

11 August 2020

JUDGES:

Fraser and Philippides and McMurdo JJA

ORDER:

No order for costs.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL MATTERS – GENERALLY – where the applicant was successful on appeal – where the applicant was self-represented – whether the applicant was entitled to recover costs

COUNSEL:

The applicant/appellant appeared on his own behalf with CB assisting
S A McLeod QC for the respondent

SOLICITORS:

The applicant/appellant appeared on his own behalf with CB assisting
Crown Law for the respondent

FRASER JA: I agree with the reasons for judgment of McMurdo JA and the orders proposed by his Honour.
PHILIPPIDES JA: I agree.
McMURDO JA: This appeal succeeded to the extent that the appellant’s compensation, which the Queensland Civil and Administrative Tribunal had ordered, was increased from $5,000 to $15,000.[1] The appellant failed on each of the grounds of appeal, which were identified in his application for leave to appeal. He was successful only on a point which he raised in his written argument.
[1]PB v WorkCover Queensland [2020] QCA 278.
He seeks his costs of the proceeding in this Court. The respondent submits that there should be no order for costs. The respondent’s submission should be accepted. Not only was the applicant unsuccessful on most of the matters which he argued, more importantly, he is an unrepresented litigant and he is not entitled to recover costs for his own time, or that of anyone else, which was spent in preparing and presenting his case.[2]
[2]Cachia v Hanes (1994) 179 CLR 403.
I would order that there be no order for costs in this proceeding.

CaseChat Overview and Summary

PB appealed against the decision of the Queensland Industrial Relations Commission to refuse compensation for a workplace injury. The appeal was heard in the Queensland Court of Appeal. PB was self-represented during the appeal process. The primary legal issue before the court was whether PB, having been successful on appeal, was entitled to recover costs from the respondent, WorkCover Queensland.

The court examined the statutory provisions governing costs in appeals within the Queensland jurisdiction. It noted that while PB had been successful on appeal, the relevant legislation did not provide for a right to recover costs in such circumstances unless specifically stated. The court further considered the nature of PB's representation, being self-represented, and concluded that this did not alter the statutory entitlement to costs. The court found that the absence of a specific provision allowing recovery of costs in successful appeals meant that PB was not entitled to recover costs from WorkCover Queensland. Consequently, the court dismissed PB's application for costs.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

CITATION:	PB v WorkCover Queensland [2021] QCA 27
PARTIES:	PB (applicant/appellant) v WORKCOVER QUEENSLAND ABN 40 577 162 756 (respondent)
FILE NO/S:	Appeal No 4414 of 2020 QCATA No 137 of 2018
DIVISION:	Court of Appeal
PROCEEDING:	Application for Leave Queensland Civil and Administrative Tribunal Act – Further Order
ORIGINATING COURT:	Queensland Civil and Administrative Tribunal – [2020] QCATA 29 (Senior Member Brown and Member Browne)
DELIVERED ON:	23 February 2021
DELIVERED AT:	Brisbane
HEARING DATE:	11 August 2020
JUDGES:	Fraser and Philippides and McMurdo JJA
ORDER:	No order for costs.
CATCHWORDS:	PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL MATTERS – GENERALLY – where the applicant was successful on appeal – where the applicant was self-represented – whether the applicant was entitled to recover costs
COUNSEL:	The applicant/appellant appeared on his own behalf with CB assisting S A McLeod QC for the respondent
SOLICITORS:	The applicant/appellant appeared on his own behalf with CB assisting Crown Law for the respondent