Richards t/a GJR Homes v Harris
[2010] QCAT 206
•13 May 2010
| CITATION: | Richards t/a GJR Homes v Harris [2010] QCAT 206 |
| PARTIES: | Graham John Richards t/a GJR Homes |
| v | |
| Gregory John Harris |
| APPLICATION NUMBER: | BD293-09 |
| MATTER TYPE: | Building matters |
| HEARING DATE: | Decision on the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Peta Stilgoe |
| DELIVERED ON: | 13 May 2010 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | The respondent pay the applicant costs of $245.00 by 27 May 2010. |
| CATCHWORDS : | Costs – where application successful – where no leave for legal representation – QCAT Act ss100, 102 |
APPEARANCES and REPRESENTATION (if any):
| APPLICANT: |
| RESPONDENT: |
REASONS FOR DECISION
On 6 May 2010, I ordered that Mr Harris pay Mr Richards $20,582.10. Mr Richards has applied for an order that Mr Harris also pay his costs of the proceeding.
Section 100 of the Queensland Civil and Administrative Tribunal Act (“the QCAT Act”) provides that, other than provided by the Act or an enabling Act, each party to a proceeding must bear the party’s own costs.
Section 102 of the QCAT Act says that the tribunal can make an order for costs if the interests of justice require it. In deciding that question, the tribunal may have regard to:
a)Whether a party to a proceeding is acting in a way that unnecessarily disadvantages another party;
b)The nature and complexity of the dispute.
c)The relative strengths of the claims made by each of the parties.
d)The financial circumstances of the parties.
e)Anything else the tribunal considers relevant.
The submissions made on behalf of Mr Richards are as follows:
a)He was put to considerable expense by a series of extensions of time being granted by the tribunal to Mr Harris. Mr Harris did not comply with the tribunal’s orders but Mr Richards continued to incur legal expenses.
b)Mr Harris was given ample opportunity to comply with the tribunal’s orders but chose not to do so.
I order that Mr Harris pay Mr Richards the filing fee of $245.00 I otherwise decline to order costs for the following reasons:
a)This proceeding did not involve complex questions of law or fact.
b)Mr Harris’ defence, although ultimately unsuccessful, was not so untenable that it was unreasonable for him to have defended the claim.
c)I have no evidence as to the financial circumstances of either party.
d)If it is true that Mr Harris has unnecessarily delayed the resolution of this proceeding, Mr Richards has been amply recompensed by my order that Mr Harris pay him interest on the amount due at rate of 15% as provided for in the contract. On any view, this rate of interest is generous. In any event, the submissions on behalf of Mr Richards do not provide any detail as to the costs attributable specifically to the delay which would enable me to make an order on this basis.
e)Mr Richards did not have leave to be legally represented.
f)I have received no submission that the interests of justice require an order for costs and I can see no reason why the interests of justice would require such an order.
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