SUPREME COURT OF QUEENSLAND
CITATION:
Lonergan v Stilgoe & Ors (No 2) [2020] QSC 146
PARTIES:
PATRICK JOSEPH LONERGAN AND PRUE MADELINE LONERGAN
(applicant)
v
PETA G STILGOE, OAM, MEMBER OF THE LAND COURT OF QUEENSLAND
(first respondent)
GERALD DAVID GEORGE SKILTON
(second respondent)
DIRECTOR GENERAL, DEPARTMENT OF ENVIRONMENT AND SCIENCE(third respondent)
FILE NO:
BS 7386 of 2019
DIVISION:
Trial Division
PROCEEDING:
Application for a costs order
ORIGINATING COURT:
Supreme Court at Brisbane
DELIVERED ON:
29 May 2020
DELIVERED AT:
Brisbane
HEARING DATE:
On the papers
JUDGE:
Applegarth J
ORDER:
The applicants are to pay the third respondent’s costs of and incidental to the application on the standard basis.
CATCHWORDS:
ADMINISTRATIVE LAW – JUDICIAL REVIEW – PROCEDURE AND EVIDENCE – COSTS – where an application for judicial review was dismissed – where the applicants seek an order under s 49(1)(e) of the Judicial Review Act 1991 (Qld) that they bear only their own costs of the application – whether s 49(1)(e) authorises an order concerning costs incurred before a costs application is made under s 49 – whether the application involved matters of public interest – whether the discretion to make a costs order under s 49(1)(e) should be exercised in favour of the applicants
Judicial Review Act 1991 (Qld), s 49
Anghel v Minister for Transport (No 2) [1995] 2 Qd R 454; [1994] QCA 232, cited
Attorney-General (Qld) v Barnes [2014] QCA 152, cited
Burragubba v Minister for Natural Resources and Mines
(No 2) [2017] QSC 265, cited
Graham v Legal Services Commissioner [2015] QCA 6, cited
Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11, cited
Sharples v Council of the Queensland Law Society Incorporated [2000] QSC 392, cited
Whitsunday Residents Against Dumping Ltd v
Chief Executive, Department of Environment and Heritage Protection (No 2) [2017] QSC 159, citedCOUNSEL:
M T Hickey for the third respondent
SOLICITORS:
Marland Law for the applicant
Crown Solicitor for the third respondent
On 23 April 2020 I dismissed the further amended application for a statutory order of review.[1] I made directions as to any submissions as to costs.
The only issue as to costs relates to costs as between the applicant and the third respondent. The third respondent seeks an order that the applicant pay the third respondent’s costs of and incidental to the application. The applicants seek an order pursuant to s 49(1)(e) of the Judicial Review Act 1991 (Qld) (“JRA”) that they bear only their own costs of the proceedings.
Section 49(1)(e) permits a costs application by a party who has made a review application to seek an order that the party is to bear only that party’s own costs of the proceeding, regardless of the outcome of the proceeding.
Section 49(1)(e) seemingly differs from s 49(1)(d). Section 49(1)(d) is prospective only and does not apply to a situation such as the present where…
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- AGLC
- Lonergan v Stilgoe (No 2) [2020] QSC 146
- Case
- [2020] QSC 146
- Decision Date
CaseChat Overview and Summary
The primary legal issue was whether section 49(1)(e) of the Act allows for a costs order that encompasses costs incurred before a formal costs application is made under section 49. Additionally, the court had to determine if the application involved matters of public interest and whether the discretion under section 49(1)(e) should be exercised in favour of the applicants.
The court examined the statutory provisions and found that section 49(1)(e) does not explicitly authorise an order concerning costs incurred before a formal costs application. Furthermore, the court considered the public interest aspect and concluded that the application did not involve matters of significant public importance. Based on these findings, the court exercised its discretion under section 49(1)(e) and ordered that the applicants were to pay the third respondent's costs of and incidental to the application on the standard basis.
In summary, the applicants' request to limit their costs liability under section 49(1)(e) was denied, and they were ordered to pay the third respondent's costs on the standard basis.
Orders
Orders of the court
The applicants are to pay the third respondent’s costs of and incidental to the application on the standard basis.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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