Queensland Building and Construction Commission v Russell

CITATION:	Queensland Building and Construction Commission v Russell [2015] QCATA 148
PARTIES:	Queensland Building and Construction Commission (Applicant/Appellant)
v
Cedric Ernest Russell (Respondent)

APPLICATION NUMBER:	APL182-14
MATTER TYPE:	Appeals

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member O’Callaghan
Member Paratz

DELIVERED ON: 25 September 2015

DELIVERED AT: Brisbane

ORDERS MADE:

1. The QBCC is to pay the costs of Mr Russell on the District Court scale on a standard basis in GAR232-11 from 18 March 2013.

2. The QBCC is to pay the costs of Mr Russell on the District Court scale on a standard basis in GAR003-13.

3. The QBCC is to pay the costs of Mr Russell on the District Court scale on a standard basis in APL182-14.

4. Mr Russell shall deliver to the QBCC, a realistic estimate of the costs claimed, including an explanation of the basis of the estimate, sufficiently detailed to facilitate some broad examination of its reasonableness, having regard to the District Court scale of costs.

5. If Mr Russell and the QBCC are unable to agree on an amount of the costs within 14 days of the delivery of the estimate of costs, the costs shall be assessed by an assessor to be nominated by the Registrar upon request by either party.

6. The QBCC shall pay the costs of Mr Russell (as agreed or assessed) within 14 days of such agreement or assessment.

CATCHWORDS:

APPEAL – COSTS – Where the Tribunal found that two decisions of the QBCC to direct rectification should be set aside – where the Appeal Tribunal upheld the decision of the Tribunal – where the builder applied for costs of both Applications to review and of the Appeal – whether the QBCC appropriately considered the question of unfairness at an appropriate time – where the builder had suffered significant financial hardship due to the costs of the proceedings – where an order for costs against the QBCC was found to be appropriate

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 102
Queensland Civil and Administrative Tribunal Rules 2009 (Qld) r 86

Ralacom Pty Ltd v Body Corporate for Paradise Island Apartments (No 2) [2010] QCAT 412 at [29]
Fuge v Queensland Building and Construction Commisssion [2014] QCAT 383

APPEARANCES:

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).

REPRESENTATIVES:

APPLICANT: Queensland Building and Construction Commission

RESPONDENT: Shand Taylor Lawyers

REASONS FOR DECISION

Senior Member O’Callaghan

1. In these applications the Tribunal comprised of Member Paratz and me. I have Member Paratz’s reasons in draft. I agree with the reasons and the orders he proposed.

Member Paratz

1. The Tribunal determined two Applications[1] for Review of decisions of the Queensland Building and Construction Commission (‘QBCC’) as to the issue of Directions to Rectify on 21 March 2014. An Order was made that the parties make submissions as to costs within 14 days of that order, and that the matter…