QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Till v Logan City Council (No. 2) [2020] QCATA 11
PARTIES:
SALESHNI SARIKA TILL
(appellant)v LOGAN CITY COUNCIL
(respondent)
APPLICATION NO/S:
APL367-16
ORIGINATING APPLICATION NO/S:
GAR286-15
MATTER TYPE:
Appeals
DELIVERED ON:
10 January 2020
HEARING DATE:
23 July 2019
HEARD AT:
Brisbane
DECISION OF:
Senior Member Howard, Presiding
Member Hughes
ORDERS:
1. Each party must pay their own costs in the appeal proceeding.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL MATTERS – POWER TO AWARD GENERALLY – GENERALLY –where strong indicator against awarding costs –whether in interests of justice to award costs—
where no disadvantage caused by other party’s actions—where relative strengths of parties’ claims did not support award of costs – where apparent dichotomy in parties’ resources did not support award of costs – where no basis to award indemnity costs – where appellant did not displace strong indicator against awarding costs – whether in interests of justice to award costsQueensland Civil and Administrative Tribunal Act 2009 (Qld), s 4(c), s 23, s 100, s 102, s 102(3)
Airstrike Industrial Pty Ltd v Robertson & Anor [2014] QCATA 209
Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175
Campbell v Kerry M Ryan Pty Ltd [2014] QCATA 58
Colgate-Palmolive v Cussons (1993) 46 FCR 225
Creek v Raine & Horne Mossman [2011] QCATA 226
Crusty Devil Bakehouses Pty Ltd v WAW Developments Pty Ltd [2013] QCAT 159
Gardener & Ors v OLGR & Anor [2012] QCAT 62
Joanne Baxter and Fifties Food Pty Ltd v Subway Realty Pty Ltd & Anor [2013] QCAT 316
Lowik v Carl Linklater Pty Ltd [2010] QCAT 287
Pierpont v Zanetti & Ors [2012] QCAT 171
QBSA v Johnston [2011] QCATA 265
Queensland All Codes Racing Industry Board v Abbott (No. 2) [2016] QCATA 49
Ralacom Pty Ltd v Body Corporate for Paradise Island Apartments (No. 2) [2010] QCAT 412
Till v Logan City Council [2018] QCATA 150
Wharton v Duffy (QLD) Pty Ltd [2016] QCATA 12APPEARANCES & REPRESENTATION:
Applicant:
R W Haddrick, instructed by Mahoneys Solicitors
Respondent:
N Lichti, solicitor of Minter Ellison
REASONS FOR DECISION
Costs in the Tribunal are not awarded as a matter of course. Each party must pay their own costs,[1] unless the Tribunal considers the interests of justice require it to order a party pay another party’s costs.[2]
[1]Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 100 (‘QCAT Act’).
[2]Ibid s 102.
There is, therefore, a strong indicator against awarding costs:
Under the QCAT Act the question that will arise in each case in which costs are sought is whether the circumstances relevant to the discretion inherent in the phrase ‘the interests of justice’ point so compellingly to a costs award that they overcome the strong contra-indication against cots orders in s 100.[3]
It is within this context…
Keep reading for free
Create a free CaseChat account to read Till v Logan City Council (No. 2) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2020] QCATA 11
- Decision Date
CaseChat Overview and Summary
The court meticulously examined the circumstances and found that there was a strong indicator against awarding costs, primarily due to the appellant's failure to successfully displace this indicator. The court noted that no disadvantage was caused by the other party's actions, and the relative strengths of the parties' claims did not support an award of costs. Furthermore, the apparent dichotomy in the parties' resources did not justify such an award. The court also concluded that there was no basis to award indemnity costs. Consequently, the court determined that it was not in the interests of justice to award costs to either party. The court's reasoning was grounded in a careful assessment of the factors at play and the principles of justice and fairness.
Based on the court's reasoning, it was decided that neither party was entitled to costs in the appeal proceeding. The court ordered that each party must pay their own costs in the appeal proceeding. This decision underscores the importance of a balanced approach in awarding costs, taking into account all relevant factors and the overarching principles of justice.
Orders
Orders of the court
1. Each party must pay their own costs in the appeal proceeding.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.