Cairns Regional Council and Ors v Carey

The case involved the Cairns Regional Council and others, appealing against a decision of the Anti-Discrimination Commission Queensland, which had been upheld by the Queensland Civil and Administrative Tribunal. The original dispute related to allegations of anti-discrimination based on age. The appeal was heard by the Queensland Court of Appeal. The central issue before the court was whether the appeal was an exceptional case warranting the award of costs, and if so, whether the interests of justice were served by ordering the appellants to pay the respondent's costs. The court considered the principles established in previous cases such as Legal Aid Queensland v Queensland Law Society, where it was held that an appeal should only be dismissed as frivolous or vexatious if it has no real prospect of success and was brought for an improper purpose.

The court found that the appeal was not frivolous or vexatious. It was noted that there was a real prospect of success and that the appeal was not brought for an improper purpose. However, the court also considered the broader context of the anti-discrimination proceedings, the public interest in such matters, and the potential deterrent effect of awarding costs. The court concluded that the appeal, while not frivolous, did not serve the interests of justice to award costs against the appellants. The court emphasised the importance of balancing the need to deter frivolous appeals with the public interest in ensuring that anti-discrimination proceedings are not unduly burdened by excessive costs orders. The appeal was dismissed, and the orders of the Tribunal were confirmed, with no order for costs in the proceedings.