Bell v Beattie

In the matter of Bell v Beattie, the applicants sought a statutory order of review pursuant to section 48 of the Judicial Review Act 1991 (Qld). The respondents opposed the application and sought its dismissal, as well as an order for costs. The primary issue before the court was whether an order for costs should be made under section 49 of the Judicial Review Act 1991 (Qld) given the dismissal of the application for a statutory order of review.

The court considered the general rule that costs follow the event, and that the costs of the whole action generally lie with the unsuccessful party. It noted that the applicants’ application for a statutory order of review had been dismissed, and there was no reasonable basis for the application. The court also considered the principle that costs should not be awarded where there is no reasonable basis for the proceedings, as established in previous cases. The court concluded that, given the lack of reasonable basis for the application, an order for costs should be made in favour of the respondents. The court ordered that the applicants pay the respondents’ costs of and incidental to the application for a statutory order of review, including costs of and incidental to the application by the respondents to dismiss the applicants’ application under section 48 of the Judicial Review Act 1991 (Qld), together with reserved costs, if any, to be assessed.