Brisbane City Child Care Pty Ltd v Dalton

Brisbane City Child Care Pty Ltd sought an order for costs against Ms Dalton, who had unsuccessfully opposed the applicant's application for judicial review. The dispute centred on the apportionment and reduction of costs that Ms Dalton should bear. The case was heard in the Queensland Courts.

The primary legal issue the court needed to address was whether the costs order against Ms Dalton should include an 80% apportionment or a 5% reduction. Ms Dalton conceded that she should bear some costs but contested the extent of the apportionment and reduction proposed by the applicant.

The court considered the principle that the unsuccessful party in judicial review proceedings typically bears the costs of the successful party. The court noted that it has discretion to adjust the costs based on the circumstances of the case. However, in this instance, the court found that no apportionment or reduction should be applied. The court reasoned that Ms Dalton's opposition was largely without merit, and the apportionment and reduction proposed by the applicant were excessive. Consequently, the court ordered that Ms Dalton must pay the applicant's costs of and incidental to the proceeding to be assessed on the standard basis if not agreed.