Queensland Building Services Authority v Alternate Dwellings Pty Ltd

In the case of Queensland Building Services Authority v Alternate Dwellings Pty Ltd, the applicant sought a costs order against the respondent, a party involved in a dispute over building services. The Queensland Civil and Administrative Tribunal (QCAT) had previously ruled against the applicant, and the matter was now before the court on appeal. The central issue was whether the Tribunal had erred in its decision to grant a costs order against the applicant, particularly given that the applicant had relied on in-house counsel instead of external legal representation.

The court needed to determine if the error of law by the Tribunal was significant enough to warrant a costs order against the applicant, especially considering the applicant's reliance on in-house counsel. Additionally, the court had to consider whether the conduct of the applicant had contributed to the breach of the building services contract and whether making a costs order was in the interests of justice.

The court found that the Tribunal had indeed made an error of law by not adequately considering the applicant's reliance on in-house counsel. The court also determined that the Tribunal had failed to consider that the Authority's own conduct had contributed to the breach. Consequently, the court held that the Tribunal's decision to make a costs order against the applicant was not in the interests of justice. The court granted leave to appeal and confirmed the decision of the Tribunal made on 21 September 2011.