Thompson v Cannon

[2020] QCAT 109

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Thompson v Cannon [2020] QCAT 109

PARTIES:

EMMA THOMPSON

(applicant)

v

JESSICA ANN CANNON TRADING AS CANNON & CO LAW

(respondent)

APPLICATION NO/S:

OCL080-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

29 May 2020

HEARING DATE:

16 March 2020

HEARD AT:

Brisbane

DECISION OF:

Hon Peter Lyons QC, Judicial Member

ORDERS:

1.   The applicant’s application is dismissed.

2.   The respondent’s application is otherwise dismissed.

3.   The applicant is to pay the respondent’s costs, assessed at $20,699.65.

CATCHWORDS:

PROFESSIONS AND TRADES – LAWYERS – REMUNERATION – COSTS AGREEMENTS – OTHER MATTERS – where the applicant applied to the Tribunal to set aside a costs agreement – where the Tribunal made orders for the parties to engage in mediation – where the mediation resulted in the execution of a deed – where the applicant failed to make the payment agreed to under the deed – where the respondent sought the applicant’s consent regarding draft orders but no consent was given – where the respondent brought an application seeking the dismissal of the applicant’s application, the making of the agreed payment with interest, past and future costs of enforcing the deed, and a declaration that the deed created a charge over a property to secure payment – where the respondent offered to consent to orders that both applications be dismissed with no order for costs – where no response received – whether the applications should be dismissed

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – OTHER MATTERS – where s 100 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) requires parties to ordinarily bear their own costs in a proceeding – where s 102(1) of that Act gives the Tribunal discretion to make a costs order in favour of a party if it considers the interests of justice require the making of such an order – where s 102(3) sets out a number of factors that the Tribunal may have regard to, including whether a party acted in a way that unnecessarily disadvantaged another party, and anything else the Tribunal considers relevant – where the applicant failed to perform obligations agreed to in a mediation – where the applicant refused to accept offers to settle the proceedings - whether the interests of justice require the making of a costs order

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL MATTERS – NATURE OF COSTS: INDEMNITY DOCTRINE – APPLICATION TO PARTICULAR PERSON OR PARTY – OTHER CASES – where the respondent is the principal of an incorporated legal practice – where the incorporated legal practice has conducted proceedings on behalf of the respondent – where most of the work of the incorporated legal practice in the proceedings has been performed by the respondent – whether the respondent can recover her costs in these proceedings

Legal Profession Act 2007 (Qld) s 24, s 110, s 113, s 117, s 120, s 122, s 125, s 328

Queensland Civil and…