Brisbane Marine Pilots Pty Ltd (in liquidation) v General Manager of Maritime Safety Queensland, Department of Transport and Main Roads and Ors (costs)

This is a decision on applications for costs by the General Manager of Maritime Safety Queensland, Department of Transport and Main Roads (MSQ) and by Poseidon Sea Pilots Pty Ltd (PSP), Matt Stannard and Colin Kesteven (the costs applicants) against Brisbane Marine Pilots Pty Ltd (BMP) who failed in an application for review in the tribunal. The tribunal had to decide whether the interests of justice required it to make an order for costs. The tribunal found that the starting point is that each party bears their own costs, and that the discretion conferred by the phrase ‘interests of justice’ must be exercised in accordance with the object and purpose of the legislation giving the power. This includes ensuring that the tribunal deals with matters in a way that is accessible, fair and just, economical, informal and quick. The tribunal also found that the ‘interests of justice’ is wider than just what is fair to the parties. It can include the public interest and the administration of justice. Having regard to the considerations above, the tribunal decided that there were no countervailing considerations which would lead it to decide that the interests of justice required it to make an order for costs. The tribunal dismissed the applications for costs.