Allison v Channel Seven Queensland Pty Ltd

Allison brought an appeal against the respondent, Channel Seven Queensland Pty Ltd, following an order for costs made in the Magistrates Court of Queensland. The respondent had been acquitted of a charge under s 189 of the Child Protection Act 1999 (Qld), which pertains to the publication of information identifying a child involved in criminal proceedings, after the prosecution's no case submission. The primary issue before the court was whether the magistrate erred in exercising their discretion to award costs, specifically in assessing the costs higher than the scale prescribed by law, and in awarding costs to the respondent on the basis that the case was of "special importance".

The court found that the magistrate did not consider the statutory scale when determining the amount of costs to be awarded to the respondent. Instead, the magistrate made an assessment of the costs based on their view of the case's "special importance". The court held that this was an error of law, as the statutory scale must be the primary consideration in determining costs unless there are exceptional circumstances that justify departing from the scale. Furthermore, the court found that the magistrate's decision to award costs to the respondent was not justified, as the respondent had been acquitted of the charge and there was no evidence to suggest that the case was of special importance.

Consequently, the appeal was allowed. The costs order made on 26 June 2014 was set aside. The appellant was directed to pay the respondent's costs of the hearing on that date in the amount of $2,000.00, as prescribed by the scale in the Justices Regulation 2004 (Qld). The respondent was directed to pay the appellant's costs of the appeal in the amount of $2,000.00, also as prescribed by the scale in the Justices Regulation 2004 (Qld). The court directed that these costs be paid within 30 days to the registrar to be paid over to the party entitled to the same in accordance with s 232 of the Justices Act 1886, unless otherwise agreed.