PB v WorkCover Queensland

[2021] QCA 27

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

1. FRASER JA:  I agree with the reasons for judgment of McMurdo JA and the orders proposed by his Honour.

2. PHILIPPIDES JA:  I agree.

3. 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.

4. 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.

5. I would order that there be no order for costs in this proceeding.