Alliance to Save Hinchinbrook Inc v Cook

Alliance to Save Hinchinbrook Inc brought proceedings against the Cook Shire Council and other respondents, seeking a review of decisions made by the council in relation to land development in the Hinchinbrook Island area. The case was heard in the Queensland Court of Appeal. The central issue before the court was whether the applicant should be awarded costs under section 49 of the Judicial Review Act 1991, which allows the court to order costs in judicial review proceedings. The applicant argued that they should be awarded costs due to the public interest nature of the case and the council's unreasonable conduct during the proceedings. The council, on the other hand, contended that costs should not be awarded because the applicant's claims were not successful and the proceedings were not in the public interest.

The court considered the statutory framework governing costs in judicial review proceedings and the principles applicable to awarding costs in public interest cases. The court noted that while the public interest nature of the case could be a factor in awarding costs, it was not determinative. The court also examined the conduct of the parties and found that the council's conduct was not unreasonable. The court concluded that the applicant's claims were not successful, and therefore, costs should not be awarded under section 49 of the Judicial Review Act 1991. The court ordered that the applicant would bear only their own costs of the applications for statutory review of the council's decisions.