Crossman v Queensland Police Service (No. 2)

In Crossman v Queensland Police Service (No. 2), the appellant, Crossman, appealed against a decision of the District Court of Queensland, which had ordered him to pay the respondent's costs of an earlier appeal. The respondent, the Queensland Police Service, had successfully appealed a decision that had been favourable to Crossman. The Court of Appeal was tasked with determining whether Crossman should bear the costs of the respondent's unsuccessful appeal.

The central legal issue before the Court of Appeal was whether the appellant should be required to pay the respondent's costs for the unsuccessful appeal. The Court considered the relevant statutory provisions and case law governing the awarding of costs in such circumstances. The Court also examined the principles of fairness and proportionality in the context of costs orders.

The Court of Appeal held that it was appropriate to order the appellant to pay the respondent's costs of the unsuccessful appeal. The Court reasoned that the respondent's appeal had been largely successful, resulting in a significant change to the outcome of the proceedings. The Court found that the principles of fairness and proportionality supported an order for the appellant to bear the costs of the respondent's appeal. The Court also noted that the amount of the costs awarded was reasonable and proportionate to the work involved.

The Court ordered that the appellant pay the respondent's costs of the appeal, fixed at $1,800, to be paid to the Registrar of the District Court at Cairns within 28 days from the date judgment is delivered, to be paid over by the Registrar to the respondent.