Tyler v Queensland Building Services Authority (No 2)

CITATION:		Tyler v Queensland Building Services Authority (No 2) [2010] QCAT 589
PARTIES:	Mr Stuart Tyler
v
Queensland Building Services Authority

APPLICATION NUMBER:   GAR151-10  

MATTER TYPE: General administrative review matters

HEARING DATE:     Decision on the papers

HEARD AT:  Brisbane

DECISION OF: Peta Stilgoe

DELIVERED ON: 24 November 2010

DELIVERED AT:      Brisbane

ORDERS MADE: The applicant is to pay the respondent’s costs thrown away by the hearing of 15 October 2010 on the District Court Scale.

CATCHWORDS : 

COSTS – whether in interests of justice – where applicant failed to attend hearing – where no reasonable excuse for failure

Queensland Civil and Administrative Tribunal Act 2009 ss 48(1), 100, 102,

APPEARANCES and REPRESENTATION (if any):

This matter was heard on the papers in accordance with section 32 of the

Queensland Civil and Administrative Tribunal Act 2009

REASONS FOR DECISION

1. On 17 November 2010, I determined the substantive matters in this proceeding.  On 15 October 2010, Senior Member Oliver directed that the costs of the hearing conducted on 15 October 2010 were to be reserved and determined on the papers. This is the decision in relation to costs.

2. Section 100 of the Queensland Civil and Administrative Tribunal Act 2009 (“QCAT Act”) provides that, other than as provided by this Act or an enabling Act, each party to a proceeding must bear the party’s own costs. The tribunal can order a party to pay costs if the interest of justice require it: s102(2). In deciding whether to award costs, the tribunal must consider whether a party is acting in a way that unnecessarily disadvantages another party to the proceeding: s102(3)(a) of the QCAT Act. In considering s102(3)(a) of the QCAT Act, the tribunal is to have regard to s48(1) of the QCAT Act.

3. The proceeding was listed for hearing in Townsville for one day on 15 October 2010. The registry sent notices of the hearing to the parties on or about 13 September 2010. By letter of 22 September 2010, Mr Tyler informed the tribunal that he would not be able to attend the hearing as he intended to be interstate and at sea. He asked for an adjournment until November.

4. The Authority opposed the adjournment, the tribunal did not grant it, and the hearing proceeded on 15 October 2010. Mr Tyler did not attend.

5. The Authority contends that Mr Tyler:

a)Deliberately took himself out of the jurisdiction so that he could not attend the hearing when Mr Tyler had the onus of prosecuting the action: s48(1)(g) of the QCAT Act.

b)Filed a substantial volume of material that was vexatious, defamatory, without substance and often nonsensical: s48(1)(f) of the QCAT Act.

c)Repeatedly and without foundation alleged that members of the tribunal have been biased, and engaged in criminal conduct.

d)Deliberately recorded the parties to the proceeding without knowledge or consent.

e)Failed to comply with tribunal orders: s48(1)(a) of the QCAT Act.

1. Voluminous, vexatious and nonsensical material is common for a tribunal where much of the…