BHP Billiton Mitsui Coal Pty Ltd v Isdale (No 2)

The case of BHP Billiton Mitsui Coal Pty Ltd v Isdale (No 2) involved an application for costs following a statutory order of review made under the Judicial Review Act 1991 (Qld). The dispute was between BHP Billiton Mitsui Coal Pty Ltd, the applicant, and various respondents, including Isdale. The applicants sought costs following a successful judicial review which resulted in a declaration being granted in their favour.

The central legal issue in this case was whether the applicants were entitled to an order for costs under section 49 of the Judicial Review Act 1991 (Qld). The applicants argued that they should be compensated for the costs of the proceeding as they were the successful party in the judicial review. The respondents contended that each party should bear their own costs and that the applicants' application was not properly framed under section 49. The court had to determine the proper application of section 49 in the context of the applicants' costs claim.

The court examined the language and purpose of section 49, which requires identification of "the relevant applicant" for the purposes of an order for costs. The court held that the applicants' application for costs was not one made by them under section 49, despite the respondents' submissions suggesting otherwise. The court further determined that if the respondents were the "relevant applicant" for the purposes of section 49, no order should be made under that section, given the considerations set out in section 49(2). The court concluded that the applicants were entitled to an order for costs as they were the successful party in the judicial review. The second respondents were ordered to pay the costs of the proceeding to the applicants.

In summary, the court ruled in favour of the applicants, ordering the second respondents to pay the costs of the proceeding. The decision clarified the application of section 49 of the Judicial Review Act 1991 (Qld) in the context of costs following a successful judicial review.