Abood v State of Queensland

In Abood v State of Queensland, the plaintiff sought damages against the first defendant, the State of Queensland, and the second defendant, the Commonwealth of Australia. The plaintiff's statement of claim was struck out as there were no causes of action recognised by law available to the plaintiff against the defendants. The court was required to determine whether the proceeding should be struck out and, if so, the appropriate costs order.

The primary legal issue before the court was whether the proceeding should be dismissed as it did not recognise any causes of action available to the plaintiff. The court held that the plaintiff's claims were without merit and that there were no viable causes of action. The court also considered whether the general rule that costs follow the event should be departed from, given that the State had prosecuted criminal proceedings against the plaintiff for two years without basis and the Commonwealth had made Calderbank offers that were not accepted by the plaintiff. The court found that the plaintiff should bear the costs of the proceeding, excluding certain applications filed by the parties.

The court ordered that the proceeding be struck out. The plaintiff was directed to pay the first and second defendant's costs of the proceeding, including the costs of the applications filed on 7 March 2024 and 8 March 2024, but excluding the costs of the plaintiff's application filed on 11 September 2023, the first defendant's application filed on 14 July 2023, and the second defendant's application filed on 13 July 2023. This decision underscores the importance of recognising valid causes of action in litigation and the application of the general rule for costs in civil proceedings.