Chibanda v Chief Executive, Queensland Health

John Chibanda, the applicant, sought judicial review of a decision made by the Chief Executive, Queensland Health, the first respondent, and another entity, the second respondent. Chibanda’s application for a statutory order of review was dismissed, as was his cross-application for an extension of time to apply for the order. Chibanda subsequently applied for an extension of time within which to appeal and the first respondent applied for security for costs in relation to Chibanda’s application for an extension of time. Chibanda opposed the application for security for costs. The court had to determine whether Chibanda should pay security for costs of his application for an extension of time.

The court found that Chibanda’s application was not frivolous or vexatious and that Chibanda had no reasonable prospects of success in relation to the application for an extension of time. However, the court held that Chibanda should pay security for costs of the application for an extension of time. The court noted that Chibanda’s earlier application for a statutory order of review was not frivolous or vexatious and that Chibanda had reasonable prospects of success in relation to that application. The court reasoned that the dismissal of the application for a statutory order of review was due to procedural errors and that Chibanda’s application for an extension of time related to those same procedural errors. The court concluded that Chibanda should pay security for costs of his application for an extension of time because the application was not frivolous or vexatious and Chibanda had reasonable prospects of success in relation to it.

The court ordered that Chibanda provide security for costs of his application for an extension of time in the amount of $6,000 by 4 pm on 7 January 2019. The court stayed Chibanda’s application for an extension of time and any appeal contemplated by it, so far as they concerned steps to be taken by the first respondent, until the security was provided. The court reserved the costs of the application for security for costs and refused Chibanda’s application filed on 23 October 2018 with no order as to costs.