Access For All Alliance (Hervey Bay) Inc v Hervey Bay City Council

The Access For All Alliance (Hervey Bay) Inc sought to contest the decision of the Queensland District Court to award costs to the Hervey Bay City Council. The primary issue before the court was whether the successful party's conduct warranted a reconsideration of the usual order that costs follow the event. The applicant argued that there were circumstances which suggested the order should be reconsidered, while the respondent maintained that the conduct of the parties did not justify such a departure from the usual order. The court had to determine if the respondent's conduct was so egregious that it disentitled it to the beneficial exercise of the judicial discretion.

The court considered the principles that govern the awarding of costs, including the discretionary nature of the order and the traditional exceptions to the usual order as to costs. The court noted that the successful party’s conduct must be such misconduct that it disentitles the party to the beneficial exercise of the judicial discretion. The court examined the respondent's conduct throughout the proceedings and found no misconduct that would warrant a departure from the usual order. The court found that the respondent's conduct, while not exemplary, did not rise to the level of misconduct that would justify a reconsideration of the usual order of costs.

In conclusion, the court found that there were no exceptional circumstances that warranted a reconsideration of the usual order of costs. The court confirmed the previous order that the applicant pay the respondent's costs of and incidental to the application. This decision underscores the importance of adherence to the usual order of costs and the limited circumstances in which such an order may be reconsidered.

ORDERS:
1. The order made 2 May 2007 that Access For All Alliance (Hervey Bay) Inc pay Hervey Bay City Council’s costs of and incidental to the application, to be taxed if not otherwise agreed, is confirmed.