Campaigntrack Victoria Pty Ltd v The Chief Executive, Department of Justice and Attorney-General

In the case of Campaigntrack Victoria Pty Ltd v The Chief Executive, Department of Justice and Attorney-General, the court was presented with an issue regarding the allocation of costs in an appeal process. Campaigntrack Victoria Pty Ltd, the appellant, had been unsuccessful in a proceeding before the Queensland Civil and Administrative Tribunal Appeal (QCAT). Upon seeking leave to appeal to the Court of Appeal, the appellant was successful. The legal issue that arose was whether the appellant should be awarded not only its costs from the Court of Appeal but also the costs from the QCAT Appeal Tribunal proceeding.

The court considered the general principle that costs follow the event, which means that the unsuccessful party in a legal proceeding is generally required to pay the successful party's costs. However, the appellant argued that since it was ultimately successful in the appeal to the Court of Appeal, it should be compensated for the costs incurred at both stages of the proceeding. The court evaluated whether the exceptional circumstances of the appeal warranted a deviation from the usual rule.

The Court of Appeal held that since the appellant had been successful in its appeal to the Court of Appeal, it should be awarded its costs of and incidental to the application for leave to appeal, as well as its costs in the appeal itself. The court found that the appellant's success in the appeal stage was sufficient to justify the reimbursement of its costs from the QCAT Appeal Tribunal proceeding. Consequently, the court ordered the first respondent to pay the appellant's costs associated with the application for leave to appeal and the appeal.