Isles v State of Queensland (No. 2)
[2021] QCAT 227
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- Unreported Judgment
- Isles v State of Queensland (No. 2)[2021] QCAT 227
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Isles v State of Queensland (No. 2)[2021] QCAT 227
Isles v State of Queensland (No. 2)[2021] QCAT 227
QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL
CITATION: | Isles v State of Queensland (No. 2) [2021] QCAT 227 |
PARTIES: | STEVEN ISLES (applicant) v STATE OF QUEENSLAND (respondent) |
APPLICATION NO/S: | ADL032-19 |
MATTER TYPE: | Anti-discrimination matters |
DELIVERED ON: | 23 June 2021 |
HEARING DATE: | On the papers |
HEARD AT: | Brisbane |
DECISION OF: | Member Hughes |
ORDERS: | Each party pays their own costs. |
CATCHWORDS: | PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – GENERAL MATTERS – POWER TO AWARD GENERALLY – GENERALLY – where interests of justice do not require costs order – where claim lacked merit – where costs provisions construed beneficially to give full effect to objects and purposes of the Anti-Discrimination Act 1991 (Qld) – where costs order would cause significant financial detriment Anti-Discrimination Act 1991 (Qld), s 6 Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 100, s 102 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Alexander v State of Queensland & Anor [2016] QCAT 142 Ascot v Nursing & Midwifery Board of Australia [2010] QCAT 364 Cook v State of Queensland (Queensland Police Service) & Anor [2018] QCAT 216 Creek v Raine & Horne Real Estate Mossman [2011] QCATA 226 Fick v Groves (No 2) [2010] QSC 182 Harrison v Terra Search Pty Ltd & Ors [2014] QCAT 128 McKinnon v State of Queensland and Anor (No. 2) [2012] QCAT 566 Ralacom Pty Ltd v Body Corporate for Paradise Island Apartments (No. 2) [2010] QCAT 412 Virgtel Ltd & Anor v Zabusky & Ors [2008] QSC 213 Williams v Body Corporate for Circle of Cavill CTS 29918 [2013] QCATA 39 Yeo v Brisbane Polo Club Inc. [2013] QCAT 261 |
APPEARANCES & REPRESENTATION: | This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld). |
REASONS FOR DECISION
- [1]
- [2]Unmeritorious claims should not be encouraged due to the unnecessary cost to the parties and the whole community.[3] Much material was unnecessary, adding complexity. But these factors do not outweigh the reticence to order costs in the Tribunal’s human rights jurisdiction.[4] In this jurisdiction,[5] parties are often not legally represented, and the adequacy of the contentions are to be considered in a reasonable, realistic and pragmatic way.[6]
- [3]The costs provisions are therefore construed beneficially to give full effect to the objects and purposes of the Anti-Discrimination Act 1991 (Qld).[7] A person seeking relief for an alleged breach of human rights should be afforded a reasonable opportunity to have their case heard and determined according to law.[8] Mr Isles appeared and gave evidence.[9] His evidence was genuine and honest.
- [4]Mr Isles’ financial circumstances[10] are also relevant.[11] The evidence is a costs order would cause Mr Isles significant financial detriment.[12] He has an 18% whole of person impairment and is unlikely to return to meaningful work.[13] Mr Isles has been through enough. The appropriate Order is that each party pays their own costs.
Footnotes
[1]Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 102.
[2]Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 100; Ascot v Nursing & Midwifery Board of Australia [2010] QCAT 364, [9] (Judge Kingham, Deputy President); Ralacom Pty Ltd v Body Corporate for Paradise Island Apartments (No. 2) [2010] QCAT 412, [29] (Wilson J).
[3]Creek v Raine & Horne Real Estate Mossman [2011] QCATA 226, [13], citing with approval Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175, 217.
[4]McKinnon v State of Queensland and Anor (No. 2) [2012] QCAT 566, [7]; Yeo v Brisbane Polo Club Inc. [2013] QCAT 261, [14] – [16]; Alexander v State of Queensland & Anor [2016] QCAT 142, [54].
[5]Unlike Williams v Body Corporate for Circle of Cavill CTS 29918 [2013] QCATA 39.
[6]Virgtel Ltd & Anor v Zabusky & Ors [2008] QSC 213, [15] (Daubney J).
[7]Anti-Discrimination Act 1991 (Qld), s 6; Harrison v Terra Search Pty Ltd & Ors [2014] QCAT 128, [9].
[8]Harrison v Terra Search Ltd & Ors [2014] QCAT 128, [8].
[9]Unlike Cook v State of Queensland (Queensland Police Service) & Anor [2018] QCAT 216.
[10]Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 102(3)(e).
[11]Unlike Fick v Groves (No 2) [2010] QSC 182.
[12]Applicant submission regarding costs dated 26 May 2021, [18] – [20].
[13]Report of Dr Bruce Low, Orthopaedic Surgeon dated 24 March 2021.