Steve Bagnall Homes Pty Ltd v Foley

Steve Bagnall Homes Pty Ltd appealed against a decision of the Queensland Civil and Administrative Tribunal (QCAT) and Ian Foley and Bernadette Foley (the Foleys) sought an order for costs in relation to the appeal. The appeal related to an earlier decision of QCAT in proceedings relating to a building contract. The appeal was dismissed and the Foleys sought an order for their costs of the appeal. The parties agreed that the costs of the appeal should be assessed on the standard basis but disagreed as to the appropriate scale of costs. Steve Bagnall Homes argued that the matter involved issues of public interest and the Foleys should not be awarded any costs. The court had to determine whether the Foleys were entitled to costs of the appeal and if so, the appropriate scale of those costs. The court also had to consider whether any reduction of the Foleys’ costs was appropriate. The court found that the Foleys were entitled to their costs of the appeal on the standard basis. The court found that the appropriate scale for the assessment of costs was the District Court scale. The court found that there were no grounds for reducing the Foleys’ costs. The court ordered that Steve Bagnall Homes pay the Foleys’ costs of the appeal on the standard basis to be assessed on the District Court scale.