Caravan Parks Association of Queensland Ltd v Rockhampton Regional Council & Anor (No.2)

The parties involved in this proceeding were the Caravan Parks Association of Queensland Ltd, the applicant, and Rockhampton Regional Council and another party, the respondents. The dispute centred on the use of a public park for overnight parking of recreational vehicles. The applicant sought a declaration and enforcement orders to address the matter. The case was heard in the Queensland Planning and Environment Court.

The central legal issue before the court was whether the applicant, having been substantially successful in their application, was entitled to costs under section 61(1) of the Planning Act 2016. Furthermore, the court had to determine whether these costs should be limited to 50 per cent and assessed on the standard basis.

The court found that the applicant had indeed been substantially successful in their application. It was held that the entitlement to costs under section 61(1) of the Planning Act 2016 was applicable in this case. The court considered that the costs should not be limited to 50 per cent but rather should be assessed on the standard basis, given the substantial success of the applicant. The first respondent was ordered to pay the applicant's costs of the proceeding, which were to be assessed on the standard basis.