Wolfgram v Racing Queensland

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CITATION: Wolfgram v Racing Queensland [2012] QCAT 44
PARTIES: Mrs Tracey Anne Wolfgram
v
Racing Queensland
APPLICATION NUMBER:   OCR020-11
MATTER TYPE: Occupational regulation matters
HEARING DATE: On the papers
HEARD AT: Brisbane
DECISION OF: Sandra G Deane, Member
DELIVERED ON: 7 February 2012
DELIVERED AT: Brisbane

ORDERS MADE:     

[1]  The application for costs is allowed.

[2]  Racing Queensland is to pay Mrs Wolfgram’s costs of and incidental to the proceeding, including reserved costs (if any) on the standard basis of assessment in accordance with the District Court Scale of Costs less Racing Queensland’s costs on the standard basis of assessment in accordance with the District Court Scale of Costs thrown away as a result of the late disclosure of Dr Wright’s report on 15 April 2011.

[3]  If the amount of Mrs Wolfgram’s costs less Racing Queensland’s costs are not agreed between Mrs Wolfgram and Racing Queensland within 14 days, the costs are to be assessed by Hickey & Garrett, Legal Costs Consultants, Level 21, 141 Queen Street, Brisbane.

[4]  Racing Queensland is to pay Mrs Wolfgram’s costs less Racing Queensland’s costs (as agreed or assessed) within 14 days of such agreement or assessment.

CATCHWORDS:

COSTS – application allowed

Queensland Civil and Administrative Tribunal Act 2009, ss 48(1)(a)-(g ), 100, 102, 107
Racing Act 2002, ss 150-154

Tamawood Limited & Anor v Paans [2005] QCA 111
Ralacom Pty Ltd v Body Corporate for Paradise Island Apartments (No 2) [2010] QCAT 412

TNT Management Pty Ltd v Brooks (1979) 53 ALJR 267
Briginshaw v Briginshaw (1938) 60 CLR 336

Malay Industries Pty Ltd v Queensland Building Services Authority [2010] QCAT 310
Wulf v Cooper [2008] CCT BD247-06

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

  1. This is an application for costs by Mrs Wolfgram consequent upon her successful application to review a decision of Racing Queensland.

  1. Mrs Wolfgram seeks an order that Racing Queensland pay all Mrs Wolfgram’s costs on a standard basis on the Supreme Court scale as agreed between the parties or failing agreement to be assessed in accordance with UCPR. Racing Queensland opposes the application for costs and submits it ought to be dismissed.

  1. The QCAT Act provides ‘Other than as provided under this Act or an enabling Act, each party to a proceeding must bear the party’s own costs for the proceedings.’[1]

  1. The Racing Act 2002 is the relevant enabling Act.  Chapter 5[2] sets out the powers of QCAT to review certain decisions. There is no express provision in relation to the awarding of costs. Therefore the relevant provisions governing this application are those contained in the QCAT Act.

    [2] Sections 150- 154 Racing Act 2002.

  1. Section 102(1) states ‘The tribunal may make an order requiring a party to a proceeding to pay all or…

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Details
Case
[2012] QCAT 44
Decision Date

CaseChat Overview and Summary

Wolfgram v Racing Queensland is a case where the court considered an application for costs. The plaintiff, Mrs Wolfgram, sought to recover costs associated with a proceeding against the defendant, Racing Queensland. The court had to decide on the merits of Mrs Wolfgram's application, including whether Racing Queensland was responsible for some or all of the costs incurred by Mrs Wolfgram, and if so, how much.

The court needed to determine whether Racing Queensland's late disclosure of a report by Dr Wright on 15 April 2011 warranted an award of costs to Mrs Wolfgram. The court considered the implications of the late disclosure on the proceedings and whether it caused any detriment to Mrs Wolfgram, which might justify an order for costs.

The court found that the late disclosure of Dr Wright's report by Racing Queensland did indeed warrant an award of costs to Mrs Wolfgram. The court reasoned that the late disclosure had a significant impact on the proceedings, leading to an increase in costs for Mrs Wolfgram. Consequently, the court ordered Racing Queensland to pay Mrs Wolfgram's costs of and incidental to the proceeding, minus any costs thrown away as a result of the late disclosure. If the parties could not agree on the amount of costs within 14 days, the matter was to be referred to Hickey & Garrett, Legal Costs Consultants, for assessment. Finally, Racing Queensland was directed to pay the agreed or assessed costs within 14 days of such agreement or assessment.

Orders

Orders of the court

[1] The application for costs is allowed.

[2] Racing Queensland is to pay Mrs Wolfgram’s costs of and incidental to the proceeding, including reserved costs (if any) on the standard basis of assessment in accordance with the District Court Scale of Costs less Racing Queensland’s costs on the standard basis of assessment in accordance with the District Court Scale of Costs thrown away as a result of the late disclosure of Dr Wright’s report on 15 April 2011.

[3] If the amount of Mrs Wolfgram’s costs less Racing Queensland’s costs are not agreed between Mrs Wolfgram and Racing Queensland within 14 days, the costs are to be assessed by Hickey & Garrett, Legal Costs Consultants, Level 21, 141 Queen Street, Brisbane.

[4] Racing Queensland is to pay Mrs Wolfgram’s costs less Racing Queensland’s costs (as agreed or assessed) within 14 days of such agreement or assessment.

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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