Terera v Clifford

[2017] QCA 181

Queensland Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Leave to appeal
3. › Queensland Civil and Administrative Tribunal
4. › Appeal to Court of Appeal from QCAT Appeal Tribunal
5. › Whether appeal only on question of law
6. › Whether reasonable prospects of success
7. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 150
1. Appeal
2. › Leave to appeal
3. › Queensland Civil and Administrative Tribunal
4. › Distinction between 'costs order' and 'cost-amount decision'
5. › Whether appeal from Member's costs decision competent
6. › Whether challenge directed at decision to award costs or amount fixed
7. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 142, 149, 107, sch 3
1. Appeal
2. › Extension of time
3. › Whether good reason for delay shown
4. › Whether in interests of justice to grant extension
5. › Relevance of prospects of success on proposed appeal

Quick Take

A QCAT order that both awards costs and fixes the amount is simultaneously a 'costs order' and a 'cost-amount decision' under the QCAT Act. The decision to award costs can only be appealed to the QCAT Appeal Tribunal under s 142(3), while the amount fixed can be appealed to the Court of Appeal under s 149(1) on a question of law with leave. Practitioners must correctly identify which aspect of a costs order they wish to challenge and direct their appeal to the correct forum.