Mathews v State Of Queensland and Anor (No.4)

This matter concerned an application by the plaintiff, Mr. Mathews, for an order that the defendants, the State of Queensland and the Queensland Police Service, pay his costs of the proceeding. The application was heard by Judge Jarrett in the Supreme Court of Queensland.

The central legal issue before the Court was whether the plaintiff should be awarded costs against the defendants, notwithstanding that the plaintiff had been unsuccessful in his substantive claim. The Court was required to consider the principles governing the award of costs, particularly in circumstances where a party has acted unreasonably or vexatiously, or where there has been a significant departure from the usual rule that costs follow the event.

Judge Jarrett considered the plaintiff's conduct throughout the litigation, including his failure to comply with court orders and his persistent pursuit of claims that were found to be without merit. The Court applied the principles established in cases such as *Oshlack v English Family Company Pty Ltd* and *Sons of Gwalia Ltd v Margaret Gold Mining Co Pty Ltd*, which confirm that while costs generally follow the event, a court retains a discretion to depart from this rule where justice requires. His Honour found that the plaintiff's conduct had been unreasonable and had unnecessarily prolonged the proceedings, justifying a departure from the usual costs order.

The Court ordered that the plaintiff pay the defendants' costs of the proceeding, to be assessed on an indemnity basis.