MEDICAL BOARD OF WESTERN AUSTRALIA and KYI

In the matter of the Medical Board of Western Australia and Kyi, the Federal Circuit and Family Court of Australia was tasked with assessing the Board's conduct in relation to a proceeding brought by a medical practitioner, Kyi, against the Board. Kyi had sought an order for costs after withdrawing her application for review of a decision by the Board. The Board, in turn, applied for an order that Kyi pay its costs in relation to the withdrawn proceeding.

The court was required to determine whether there was a reasonable basis for Kyi bringing the application and whether the Board's conduct was unreasonable. The court examined the circumstances surrounding the withdrawal of the proceeding and the Board's response, including the costs application. The court noted that the Board had acted reasonably in seeking costs, given the significant resources expended in preparing for the hearing, which were wasted due to the withdrawal of the proceeding.

In dismissing Kyi's application for an order for costs, the court found that there was a reasonable basis for her bringing the application, but the Board's conduct was not unreasonable. The court held that the Board was entitled to seek its costs from Kyi, and the application for costs was dismissed. No order was made as to costs. The court emphasised that the decision was not a reflection on the merits of Kyi's application for review but rather on the proceedings related to the costs application.