| CITATION: | Omae v Queensland Building Services Authority (No 2) [2012] QCAT 151 |
| PARTIES: | Ms Makiko Omae |
| v | |
| Queensland Building Services Authority |
| APPLICATION NUMBER: | GAR356-11 |
| MATTER TYPE: | General administrative review matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Ms Kate Buxton, Member |
| DELIVERED ON: | 13 April 2012 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. Application by respondent that the applicant to pay its costs of and incidental to the review application is dismissed. |
| CATCHWORDS: | Application for costs – section 100 – providing strong contra indication against the award of costs |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).
REASONS FOR DECISION
On 24 February 2012 this Tribunal dismissed the application to review the decision of the Queensland Building Services Authority (the “BSA”) made 29 June 2011. The BSA now seeks an order that the applicant pays its costs of the review proceeding fixed in the sum of $722.30.
The starting point for an application to this Tribunal for an order for costs is section 100 of the QCAT Act which states “other than as provided under this Act or an enabling Act, each party to a proceeding must bear the parties own costs for the proceeding.” In order to overcome this “strong indication”[1] against an award of costs section 102 of the QCAT Act provides guidance as to the matters to which the Tribunal may have regard if the interests of justice require an order for costs.
Although the applicant’s application for review was dismissed on the basis that it lacked substance, the issues raised by the applicant were not sufficiently disadvantageous to or scandalous of the BSA to justify an award of costs in the interests of justice. Although the applicant had a weak case it was not one that was pursued vexatiously. An early application made by the BSA to have the matter struck out was determined by QCAT at minimal expense to both parties. There is no reason to disturb the position expressed in section 100 of the QCAT Act that the parties to the proceedings should bear their own costs.
The application by the BSA for the applicant to pay its costs is therefore dismissed.
- AGLC
- Omae v Queensland Building Services Authority (No 2) [2012] QCAT 151
- Case
- [2012] QCAT 151
- Decision Date
CaseChat Overview and Summary
The tribunal examined the circumstances surrounding the application and the merits of the case. A significant factor in the tribunal's decision was the evidence that suggested a potential misuse of the court process by the applicant. This included allegations of unreasonable delay and the applicant's failure to provide adequate justification for its actions, which were seen as strong contra-indications against awarding costs. The tribunal also considered the principle that costs should not be awarded if it would be unjust to do so, given the overall conduct of the parties involved.
After thorough deliberation, the tribunal decided that the strong contra-indication against awarding costs to the respondent outweighed any other considerations. The tribunal dismissed the application by the respondent for the applicant to pay its costs of and incidental to the review application. This decision was based on the tribunal's assessment that the applicant's conduct during the proceedings warranted the refusal of costs.
Orders
Orders of the court
1. Application by respondent that the applicant to pay its costs of and incidental to the review application is dismissed.
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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