Midson Construction (Qld) Pty Ltd v Queensland Building and Construction Commission (No 2)

Midson Construction (Qld) Pty Ltd and others filed an application against the Queensland Building and Construction Commission and others, which involved issues of costs in civil proceedings. The applicants sought to have their costs partially covered by the respondents, or alternatively, that each party bear their own costs. The respondents, on the other hand, sought to have the applicants pay their costs. The case involved two separate applications, one filed on April 5, 2018, and the other on May 3, 2018. The applicants argued that they had achieved their goal when the respondents changed their position, but they continued with their application and were ultimately unsuccessful.

The legal issues in this case revolved around the general principle that costs follow the event and the exercise of discretion in awarding costs. The applicants argued that they ought to receive two-thirds of their costs of the primary application, while the respondents sought to have the applicants pay their costs. The applicants also sought to have their costs of the cross application paid by the respondents. The court had to consider whether the applicants should be ordered to pay the respondents’ costs and whether the applicants ought to have their costs of the cross application.

The court found that despite the applicants achieving their goal when the respondents changed their position, they continued with their application and were unsuccessful. The court held that the applicants should be ordered to pay the respondents’ costs of and incidental to the application on a standard basis. The court also found that the applicants were not entitled to their costs of the cross application as the respondents had changed their position and chose to no longer pursue the relief sought in the cross application.

In conclusion, the court made orders that the applicants were to pay the respondents’ costs of and incidental to the application on a standard basis for both the application filed on April 5, 2018, and the application filed on May 3, 2018. The applicants were not entitled to their costs of the cross application.