Rix v Queensland Building Services Authority

[2011] QCAT 333

CITATION: Rix v Queensland Building Services Authority [2011] QCAT 333

PARTIES: Clifford Arthur Rix (Applicant)
v
Queensland Building Services Authority (Respondent)

APPLICATION NUMBER:   CR011-08

MATTER TYPE: Building matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Alexander Crawford, Member

DELIVERED ON: 19 July 2011

DELIVERED AT: Brisbane

ORDERS MADE:    

[1]     Applicant’s Application for Costs dismissed.

[2]     Respondent’s Application for Costs dismissed.

[3]     Each party pay its own costs.

CATCHWORDS : 

Costs - whether the parties compromised the proceedings - whether costs orders should be made in the interests of justice.

Commercial and Consumer Tribunal Act 2003 Sections 70 and 71; Tamawood Ltd & Phil Martyn Constructions P/L -v- Elizabeth Paans [2005] QCA 111; Calderbank -v- Calderbank (1975) 3 WLR 586.

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. These proceedings are Review Proceedings initially brought pursuant to Section 25 of the Building Act 1975 and Section 101 of the Commercial and Consumer Act 2003. On the commencement of the Queensland Civil and Administrative Tribunal Act 2009 this Tribunal became seized of the proceedings.

1. The Applicant is Mr. Clifford Rix, a registered building surveyor and certifier. He sought to review a decision of the Authority made under Section 204 of the Building Act 1975 whereby he was held to have engaged in “unsatisfactory conduct” in his practice as a certifier, within the meaning of that term in the Building Act 1975.

1. The Tribunal delivered ex tempore reasons for decision in the proceedings on 13 April 2011. The Applicant was unsuccessful in the proceedings. The Tribunal held he had engaged in unsatisfactory conduct.

1. The Respondent seeks its costs to the proceedings and relies on an Affidavit of the Solicitor Ms. M. Campbell, affirmed on 27 April 2011.

1. Both parties have provided written submissions.

1. I accept the Respondent’s submission at paragraph 8 that the proceedings continue to be governed by the cost provisions in the repealed Commercial and Consumer Tribunal Act 2003, and it appears from the Applicant’s submissions that the Applicant agrees with that submission.

1. Section 71 of the Commercial and Consumer Tribunal Act provides:

71 Costs

“(1) In a proceeding, the tribunal may award the costs it considers appropriate on—

(a) the application of a party to the proceeding; or

(b) its own initiative.

(2)    The costs the tribunal may award may be awarded at any stage of the proceeding or after the proceeding has ended.

(3)    If the tribunal awards costs during a proceeding, the tribunal may order that the costs not be assessed until the proceeding ends.

(4)    In deciding whether to award costs, and the amount of the costs, the tribunal may have regard to the following—

(a) the outcome of the proceeding;

(b) the conduct of the parties to the proceeding before and during the proceeding;

(c) the nature and complexity of the proceeding;

(d) the relative…