Queensland Home Improvements Pty Ltd v Flanagan (No 2)
[2018] QCAT 292
To print this judgment please return to the case and click on the PDF icon
next to the
case name. For court use, a full PDF copy is required or preferred.
Exit Distraction Free Reading Mode
Please Note: You are about to print a copy of the onscreen
version of
this judgment. For court use, a full PDF copy of the judgment is required or preferred. Please
return to
the case for PDF printing options.
- Unreported Judgment
- Queensland Home Improvements Pty Ltd v Flanagan (No 2)[2018] QCAT 292
- Add to List
Queensland Home Improvements Pty Ltd v Flanagan (No 2)[2018] QCAT 292
Queensland Home Improvements Pty Ltd v Flanagan (No 2)[2018] QCAT 292
QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION: | Queensland Home Improvements Pty Ltd v Flanagan & Anor (No 2) [2018] QCAT 292 |
PARTIES: | Queensland Home Improvements Pty Ltd (applicant) |
| v |
| Emma Carline Flanagan and Leopold Richard Levarre-Waters (respondents) |
APPLICATION NO/S: | BDL313-16 |
MATTER TYPE: | Building matters |
DELIVERED ON: | 27 August 2018 |
HEARING DATE: | On the papers |
HEARD AT: | Brisbane |
DECISION OF: | Member King-Scott |
ORDERS: | Queensland Home Improvements Pty Ltd pay Leopold Levarre-Waters and Emma Flanagan their costs fixed at $10,683.85 by 4.00 pm on 27 September 2018. |
CATCHWORDS: | ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – costs – building dispute – recovery of non-professional costs of self-represented party Queensland Civil and Administrative Tribunal Act 2009 (Qld) Queensland Building & Construction Commission Act 1991 (Qld) Lyons v Dreamstarter Pty Ltd [2012] QCATA 71 A L Builders Pty Ltd v Nicholas Fatseas and Tricia Fatseas (No 2) [2014] QCATA 319 |
REPRESENTATION: |
|
Applicant: | Self-represented |
Respondents: | Brendan Long solicitor of of Celtic Legal, Solicitors |
APPEARANCES: |
|
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
- [1]The decision in this matter was delivered on 19 April 2018. I allowed the Applicant/Builder’s claim for $3,224.00 under the contract. I allowed the Respondents’/Owners’ counter claim for damages for $11,856.30. I directed the Applicant pay the Respondents/Owners the sum of $8,632.31. I directed the parties file their submissions as to costs. The Respondents/Owners have filed submissions within the time limits directed, the Applicant, despite having been granted an extension of time, has not filed any submissions.
- [2]Although, the issues raised by this case were not overly complex or difficult for a lawyer they do comprise some difficulty for lay persons. The parties were granted leave to have legal representation prior to the hearing date. In my opinion, legal representation was warranted.
- [3]Queensland Home Improvements Pty Ltd (‘QHI’) was legally represented. Mr Leopold Levarre-Waters appeared on his own behalf and on behalf of his partner, Ms Emma Flanagan.
- [4]Section 77 of the Queensland Building & Construction Commission Act 1991 (Qld) displaces the usual order in Tribunal proceedings that each party bear their own costs.[1] The general rule about costs is thereby incorporated into building disputes before the Tribunal.[2] The general rule is that a successful party is entitled to recoup its costs against the other party. That is, costs should follow the event.
- [5]Although Mr Levarre-Waters and Ms Flanagan were not legally represented, they did invest significant expense in obtaining expert assistance in presenting their case. Twenty20 Building Consultants were engaged as was The Certifier, a building certifier. Experts from both firms gave evidence on behalf of the Respondents.
- [6]In the proceedings, there was a claim of $9,550.00 for Deck Size Amendment and Compliance Costs, I did not allow part of that claim as I considered the sum of $6,700.00 being, consultancy fees, as such was more appropriately costs. The amount of $2,629.00 is now included in the costs as certification fees and costs. Other costs include airfares from Townsville to Brisbane for Mr Levarre-Waters to appear at the Tribunal.
- [7]Mr Levarre-Waters and Ms Flanagan claim a total sum of $10,683.85 for costs. The claim is supported by invoices and receipts. I am satisfied all expenses have been incurred and are recoverable as outlays.
- [8]I order that Queensland Home Improvements Pty Ltd pay Leopold Levarre-Waters and Emma Flanagan their costs fixed at $10,683.85 by 4.00 pm on 27 September 2018.