Steven Bryan Worthington t/as Worthington Simmons Builders v Dr Andrew William Ryan; Dr Andrew William Ryan v Steven Bryan Worthington t/as Worthington Simmons Builders

The case of Steven Bryan Worthington trading as Worthington Simmons Builders versus Dr Andrew William Ryan involves a dispute that originated in the Queensland Civil and Administrative Tribunal (QCAT). The initial decision, dated 17 January 2017, awarded damages to Mr Worthington from Dr Ryan. Both parties subsequently cross-appealed against the tribunal's decision, raising issues about the amount of damages awarded, the applicability of interest on the judgment sum, and the allocation of costs between the parties.

The central legal issues addressed by the court were whether Dr Ryan should be ordered to pay interest on the judgment sum, and how the costs of the appeals should be apportioned between the parties. The court had to consider the statutory framework governing costs in building disputes, the exercise of discretion in awarding interest, and the principles guiding the assessment of costs in such appeals. Given that Mr Worthington had already received the full judgment sum, the court exercised its discretion not to award interest.

The court's reasoning emphasised the judicial nature of the discretion to award costs in building disputes, meaning that decisions must be based on relevant and connected facts. In this case, the court found that Dr Ryan had succeeded on one ground of appeal, leading to a variation in the original tribunal's decision. However, since Mr Worthington also succeeded on another ground, the court ordered that the costs of the appeal be assessed on a standard basis, akin to proceedings in the Magistrates Court. The costs of the original proceeding were remitted to the tribunal for further determination.

The final orders of the court included dismissing one appeal, allowing another, and varying the original tribunal's decision to reflect that Dr Ryan should pay Mr Worthington the sum of $25,925.72 for damages by a specified date. Additionally, Mr Worthington was ordered to repay Dr Ryan $49,346.83 within 28 days. The court also directed that Mr Worthington pay Dr Ryan's costs of the appeal assessed on the standard basis. The costs of the original proceeding were to be determined by the tribunal.