Mathew v Millington[2017] QCATA 76

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. [1]
   Ms Mathews was successful in an appeal against an adjudicator’s decision dismissing her minor civil dispute application for want of jurisdiction. Ms Mathews is now requesting that the appeal tribunal make an order that Ms Millington pay to her the amount of $305.00 being the filing fee for the appeal. I note that this was one of the orders sort in the application for leave to appeal or appeal.
2. [2]
   The application for the costs lists the reasons in support of the costs being awarded as:

   1. She paid the prescribed fee of $305.00 in respect of the appeal application;
   2. She was successful in the appeal; and
   3. She seeks the costs of the appeal fixed in the amount of $305.00 pursuant to rule 83 of the Queensland Civil and Administrative Tribunal Rules 2009 (Qld) (the Rules).
3. [3]
   Ms Millington was given an opportunity to respond to the application and did not do so.
4. [4]
   Rule 83 of the Rules states that for s 102 of the QCAT Act, the Tribunal may award costs in respect of a minor civil dispute against the respondent limited to the amount of the prescribed filing fee paid by the applicant.
5. [5]
   This rule then limits the amount of costs which may be paid to the filing fee. The actual award of costs is still at the discretion of the Tribunal and is limited to an amount equal to the filing fee.
6. [6]
   I note that the costs being considered here are in respect of the appeal from the decision of the adjudicator to dismiss for want of jurisdiction and are therefore not in respect of the minor civil dispute itself and so rule 83 does not apply.
7. [7]
   I will treat the application as a request for costs generally under s 102 of the QCAT Act. For any award of costs to be made the requirements of s 102 of the QCAT Act need to be met. That is the award of costs must be in the interests of justice. The matters which the Tribunal may consider in regard to this question are set out in s 102(3) of the QCAT Act.
8. [8]
   Having regard to s 102(3) of the QCAT Act:

   1. There is no evidence of the respondent unnecessarily disadvantaging another party.
   2. The appeal was in regard to a question of jurisdiction and the parties made short submissions and the Tribunal was able to determine the matter based on these.
   3. The question of forum in regard to where the matter should be heard was a question of convenience and the claims were similar and the applicant was able to be accommodated by having the matter continued in Queensland on the basis of the other party and their witnesses appear by remote conferencing.
   4. There is no evidence in regard to the financial circumstances of the parties.
9. [9]
   Having regard to the above I do not consider the interests of justice require that Ms Mathew be awarded costs in respect of this matter. The fact that she was successful in her application is not sufficient to require that any costs be awarded.
10. [10]
    The application for costs is dismissed.