M, L v Police

In *M, L v Police*, the Supreme Court of Tasmania considered an appeal concerning an award of costs made by a Magistrate. The appellant, M, L, had been unsuccessful in proceedings before the Magistrate, and the Magistrate had ordered that M, L pay the Police's costs. M, L sought to appeal this costs order.

The central legal issue before the Supreme Court was whether the Magistrate had erred in exercising their discretion to award costs against M, L. Specifically, the Court had to determine if the Magistrate's decision to depart from the general rule that costs follow the event was justified, and if the reasons provided for that departure were sufficient.

The Court affirmed the general principle that costs should follow the event, meaning the unsuccessful party typically bears the costs of the successful party. However, it also acknowledged that Magistrates possess a broad discretion in awarding costs. This discretion allows for departure from the general rule in circumstances where it would be unjust or unreasonable to apply it. The Court found that the Magistrate had failed to provide adequate reasons for departing from the usual rule, rendering the costs order appealable. The Court held that a failure to articulate a proper basis for departing from the general rule constitutes an error of law.

The Supreme Court allowed the appeal, setting aside the Magistrate's costs order and remitting the matter back to the Magistrate to reconsider the question of costs in accordance with the reasons provided by the Supreme Court.