QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Valuers Registration Board v Murphy (No. 2) [2019] QCAT 332
PARTIES: VALUERS REGISTRATION BOARD (applicant)
v
NEIL PATRICK MURPHY (respondent)
APPLICATION NO/S:
OCR252-18
MATTER TYPE:
Occupational regulation matters
DELIVERED ON:
31 October 2019
HEARING DATE:
On the papers
HEARD AT:
Brisbane
DECISION OF:
Member Kanowski
ORDERS:
The application by Neil Patrick Murphy for a costs order is refused.
CATCHWORDS: PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – INTERLOCUTORY PROCEEDINGS – GENERALLY – where disciplinary referral dismissed because of late referral – whether costs should be awarded to respondent
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 47(2)(c), s 102
Queensland Civil and Administrative Tribunal Rules 2009 (Qld), r 86
Medical Board of Australia v Wong [2017] QCA 42
Queensland Racing Integrity Commission v Vale [2017] QCATA 110
Seeiseo Pty Ltd v Body Corporate for Taralla Apartments CTS 15627 (No. 2) [2019] QCAT 10
REPRESENTATION:
Applicant:
RBG Lawyers
Respondent:
KM Riedel instructed by Colin, Biggers & Paisley Lawyers
APPEARANCES:
This matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’).
REASONS FOR DECISION
Introduction
Mr Murphy is a registered valuer. He seeks an order for costs he incurred as respondent to a disciplinary referral made to the Tribunal by Valuers Registration Board. I dismissed the referral on 25 February 2019 on the basis that it was made late, and no extension of time should be granted.[1]
Background
In September 2016 Mr Murphy appeared as an agent for a party in an interlocutory proceeding in the Land Court of Queensland. The Land Court gave its decision on the interlocutory matter in November 2016.[2] In the course of the reasons, the Court expressed the view that Mr Murphy may have breached an ethical rule in appearing as an advocate because another valuer in his firm had provided the valuation relied on by the party in the proceeding.
The Board subsequently investigated a complaint relating to this conduct.
On 20 March 2018 the Board wrote to Mr Murphy advising that it considered that he had engaged in misconduct. It proposed to take disciplinary action by way of a reprimand, an order for an undertaking, and a monetary penalty.
Under section 52 of the Valuers Registration Act 1992 (Qld), Mr Murphy then had three options: making written representations to the Board, requesting a hearing before the Board, or requiring the Board to refer the matter to the Tribunal. Mr Murphy chose the third option, on 10 April 2018. The Board made the referral to the Tribunal on 19 September 2018.
On 12 October 2018 Mr Murphy applied for dismissal of the proceeding on the basis that the matter had not been referred ‘as soon…
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- AGLC
- Valuers Registration Board v Murphy (No. 2) [2019] QCAT 332
- Case
- [2019] QCAT 332
- Decision Date
CaseChat Overview and Summary
The court found that the dismissal of the referral did not necessarily warrant an award of costs to Murphy. It examined the circumstances under which costs may be awarded in interlocutory proceedings and concluded that the dismissal did not meet the criteria for a costs order. The court emphasised that costs should not be awarded merely because a proceeding was dismissed, but rather when there are exceptional circumstances justifying such an award. Given that the dismissal did not arise from exceptional circumstances, the court decided that costs should not be awarded to Murphy.
The application by Neil Patrick Murphy for a costs order was therefore refused. The court's decision highlights the stringent criteria that must be met for costs to be awarded in interlocutory proceedings, particularly where the dismissal of a proceeding does not stem from exceptional circumstances.
Orders
Orders of the court
The application by Neil Patrick Murphy for a costs order is refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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