This proceeding concerned a previous decision where the Applicant applied to set aside two adjudication decisions made under the Building Industry Fairness (Security of Payment) Act 2017 (Qld) on the basis of jurisdictional error. The Judge determined that the Applicant was successful in respect of one of the adjudication decisions, but failed in respect of the second adjudication decision.
The Applicant sought its costs of the proceeding, namely on the basis that the adjudication decision set aside was of larger value and error was found on the part of the adjudicator. The First Respondent sought some of its costs to be paid by the Applicant, or in the alternative that both parties bear their own costs, as on an issue by issue analysis, both parties enjoyed some success and that a large amount of the preparation, cross-examination and submissions were in relation to issues found in the First Respondent’s favour.
The decision provides interesting consideration of the cases in relation to whether costs should be disposed of in accordance with the general rule pursuant to r 681 of the UCPR, split pursuant to r 684 of the UCPR, or another costs order.
There was no order as to costs.
Florence Chen represented the First Respondent instructed by Colin Biggers & Paisley.
The judgment can be viewed here.