Laing v Southern Queensland Regional Parole Board (No 2)

In this matter, Laing, the applicant, contested a decision made by the Southern Queensland Regional Parole Board, the respondent, regarding his parole. The case was heard in the Queensland Civil and Administrative Tribunal (QCAT). The applicant sought to overturn the decision of the respondent which denied his parole application.

The primary legal issue before the tribunal was whether the respondent should be awarded costs, given the dismissal of the applicant’s application. The general rule in Australian law is that costs follow the event, meaning that the losing party is typically ordered to pay the winning party’s costs. However, the tribunal also has the discretion to order that costs follow an exception to this general rule.

The tribunal held that the general rule of costs following the event should apply in this case. Given the dismissal of the applicant’s application, the tribunal found it appropriate to order the applicant to pay the respondent’s costs of and incidental to the proceedings. This decision aligns with the standard principle that the unsuccessful party should bear the costs of the litigation.

Accordingly, the tribunal ordered the applicant to pay the respondent’s costs of and incidental to the proceedings. This outcome reflects the tribunal’s adherence to the general principle of costs following the event, affirming the respondent’s position in the matter.