MacMines Austasia Pty Ltd v Chief Executive, Department of Environment, Science and Innovation (No 3)

MacMines Austasia Pty Ltd, the appellant, filed an appeal against the Chief Executive of the Department of Environment, Science and Innovation, the respondent, concerning a costs application in civil proceedings in the Supreme Court of Queensland. The nature of the dispute was the determination of costs incurred during the proceedings, with the appellant opposing the costs application filed by the respondent.

The primary legal issue before the court was whether the appellant was partially successful in the appeal, and consequently, whether the principle that costs follow the event applied. The court also needed to consider whether the parties should bear their own costs, given that the respondent, a government agency, had made concessions on discrete issues before the hearing of the appeal. The resolution of these issues was critical to the fair and equitable allocation of costs between the parties.

In resolving the matter, the court found that the appellant had indeed been partially successful in the appeal, as the disputed issue was determined in its favour. However, the court determined that the principle of costs following the event did not apply in this instance. Instead, it was appropriate for the parties to bear their own costs. Given these findings, the court allowed the respondent's costs application and ordered the appellant to pay the respondent’s costs of and incidental to the proceeding as agreed or assessed on the standard basis.