JBS Australia Pty Ltd v The Regulator under the Work Health and Safety Act 2011

JBS Australia Pty Ltd brought an application for an external review of a decision by the Regulator under the Work Health and Safety Act 2011 to uphold an improvement notice. The Regulator conceded prior to the hearing that the improvement notice was valid, and the applicant sought an order under section 542(2) of the Industrial Relations Act 2016 (Qld) that the Regulator pay the applicant's costs of the proceedings. The applicant argued that the Regulator responded to the application vexatiously or without reasonable cause, and it was reasonably apparent to the Regulator that the response had no reasonable prospect of success. The applicant sought an indemnity costs order, but the court awarded costs on a standard basis.

The legal issues before the court included whether the Regulator's response to the application was vexatious or without reasonable cause, and whether it was reasonably apparent to the Regulator that the response had no reasonable prospect of success. The court noted that the Regulator conceded the validity of the improvement notice prior to the hearing, which suggested that the Regulator's response was not reasonable. However, the court found that the Regulator's response was not vexatious or without reasonable cause because the Regulator had a reasonable belief that the improvement notice was valid. The court also found that it was not reasonably apparent to the Regulator that the response had no reasonable prospect of success.

The court awarded costs on a standard basis because the applicant's application was not vexatious or without reasonable cause. The court noted that the applicant's application was based on a reasonable interpretation of the law, and the Regulator's response was not without reasonable cause. The court also noted that the applicant's application was not vexatious because it was not frivolous or oppressive. The court awarded costs on the standard basis calculated on the scale of costs of the Magistrates Courts under the Uniform Civil Procedure Rules 1999, Schedule 2.