Laing v Southern Queensland Regional Parole Board (No 2)

[2011] QSC 352

SUPREME COURT OF QUEENSLAND

CITATION:

Laing v Southern Queensland Regional Parole Board (No 2) [2011] QSC 352

PARTIES:

RICHARD NORMAN LAING
(Applicant)

v

SOUTHERN QUEENSLAND REGIONAL PAROLE BOARD
(Respondent)

FILE NO/S:

BS 5153 of 2011

DIVISION:

Trial Division

PROCEEDING:

Originating Application – Further orders

ORIGINATING COURT:

Supreme Court

DELIVERED ON:

23 November 2011

DELIVERED AT:

Brisbane

HEARING DATE:

27 September 2011

Further written submissions received on 25 October 2011

JUDGE:

McMurdo J

ORDER:

The applicant pay the respondent’s costs of and incidental to the proceedings.

CATCHWORDS:

PROCEDURE – COSTS – GENERAL RULE-COSTS FOLLOW THE EVENT – COSTS OF WHOLE ACTION – GENERALLY – where the applicant’s application was dismissed – where the respondent sought its costs – whether costs should follow the event

COUNSEL:

No appearance for the applicant

LM Reibelt (sol) for the respondent

SOLICITORS:

No appearance for the applicant

Crown Solicitor for the respondent

1. On 27 September 2011, I ordered that the application for statutory order of review be dismissed.  The respondent’s lawyer sought costs.  Because the applicant is a prisoner without legal representation, I requested the respondent’s lawyer to provide him with a submission on costs allowing him time to respond.  Those submissions were served on 29 September 2011.  No response has been received. 

1. There is no reason why costs should not follow the event.  The applicant may not be in a position to satisfy this order but that provides no sufficient reason not to make it.  It is ordered that the applicant pay the respondent’s costs of and incidental to the proceedings.