Martinovic v Chief Executive, Queensland Transport

The appellant in Martinovic v Chief Executive, Queensland Transport challenged the orders made by the judge of the Supreme Court of Queensland, which awarded indemnity costs on the judicial review proceeding and subsequent costs applications to the second and third respondents. The case originated from a coronial inquiry where the appellant represented a deceased's next-of-kin. The appellant later appeared in a judicial review application concerning the inquiry, which was dismissed. The second and third respondents subsequently sought costs in separate applications on an indemnity basis against the appellant personally. Despite the judge's orders granting costs, they did not mention an assessment on an indemnity basis. The respondents then applied under rule 388 of the Uniform Civil Procedure Rules 1999 (Qld) to include "to be assessed on an indemnity basis" in the costs orders. The judge ordered the awarding of indemnity costs for the judicial review proceeding and the subsequent costs applications.

The legal issues before the court included whether the judge's orders granting indemnity costs on the costs applications were valid and whether the appellant's failure to apply for leave to appeal the costs orders under section 253 of the Supreme Court Act 1995 (Qld) rendered the appeal incompetent. The court considered whether the appellant's challenge to the indemnity costs orders was permissible without first obtaining leave from the original judge. The court found that the appellant's challenge was limited to the order of indemnity costs on the costs applications, and this was a matter that required leave under section 253. The court determined that the failure to obtain leave meant the appeal was incompetent.