Macdonald Contractors (Australia) Pty Ltd v Chief Commissioner of State Revenue

Macdonald Contractors (Australia) Pty Ltd, the applicant, brought an action against the Chief Commissioner of State Revenue, the respondent, to challenge the decision of the Commissioner. The matter centred on the applicant's claim for costs incurred due to the delay in proceedings. The case was heard in the Administrative Decisions (Judicial Review) Act 1977 (ADT Act) jurisdiction.

The primary legal issue before the court was whether the applicant was entitled to costs under section 88 of the ADT Act for the delay in proceedings. The applicant argued that the delay was caused by the Commissioner's actions and warranted an award of costs. The court needed to determine if the applicant's claim for costs was valid under the ADT Act and if any "special circumstances" existed to warrant such an award.

The court found that the applicant's claim for costs was not permissible under the ADT Act. The court noted that the delays were due to consent adjournments, which were not part of the application or proceedings under section 88(4) of the ADT Act. Additionally, the applicant did not establish any "special circumstances" as required by section 88(1) of the ADT Act. Furthermore, since the applicant was not legally represented, they were not entitled to costs under section 88. Consequently, the court refused the applicant's application for costs.