APT Petroleum Pipelines Pty Limited v Western Downs Regional Council (No. 2)

APT Petroleum Pipelines Pty Limited filed an application against the Western Downs Regional Council, seeking a review of the council's decision to deny approval for a pipeline easement over certain land. The matter was heard in the Queensland Land Court. The primary legal issues the court had to address were whether the council's decision was unreasonable and whether costs should be awarded to the appellant.

The court considered whether the council's decision to deny the easement was unreasonable, taking into account the statutory provisions and relevant case law. The court found that the council's decision was not unreasonable, as it was supported by the evidence and followed a proper process. However, the court also examined the issue of costs, noting that the appellant had been successful in having the council's decision quashed and that the council had not made a proper application for a review. The court concluded that the appellant was entitled to costs from a specific date, on the standard basis, with the costs to be agreed upon or assessed if necessary.

The court's decision was that the respondent should pay the appellant's costs from 21 June 2013 onwards on the standard basis. This decision was based on the appellant's success in having the council's decision quashed and the council's failure to make a proper application for a review. The court also noted that the appellant had not been successful in all of its claims, which was a factor in determining the costs order. The final order was that the respondent pay the appellant’s costs of and incidental to these proceedings from 21 June 2013 onwards only, on the standard basis, such costs to be agreed or, failing agreement, to be assessed.