Moreton Bay Regional Council v Mekpine Pty Ltd & Anor (No 2)

The parties to the case were Mekpine Pty Ltd, the first respondent, and Moreton Bay Regional Council, the appellant. Zacsam Pty Ltd, the second respondent, was also involved in the proceedings. The dispute related to the costs incurred during the litigation process, specifically the costs of two related appeals heard at a single hearing before the Land Appeal Court (LAC). The appellant sought to challenge the costs orders made by the LAC, arguing that the costs should follow the event, meaning the party that was unsuccessful in the appeal should bear the costs of the other party. Mekpine Pty Ltd, the first respondent, sought to challenge the LAC's decision not to delay the costs decision until the Court of Appeal (QCA) decision was made. Zacsam Pty Ltd, the second respondent, sought to challenge the LAC's decision to reserve the costs of the Land Court (LC) hearing of general applications.

The legal issues before the court were whether the costs award in each case should follow the event and whether the LAC costs decision should be delayed until the QCA decision. The court also had to determine whether there was sufficient information before the LAC to vacate the order reserving the costs of the LC hearing of general applications. The court considered the relevant legislation, including the Acquisition of Land Act 1967 (Qld), the Appeal Costs Fund Act 1973 (Qld), the Land Court Act 2000 (Qld), and the Retail Shop Leases Act 1994 (Qld). The court also considered relevant case law, including LGM Enterprises Pty Ltd v Brisbane City Council, Mekpine Pty Ltd v Moreton Bay Regional Council, and Mentech Resources Pty Ltd v MCG Resources Pty Ltd (in liq) (No 2).

The court found that there were some distinctive features in each case, but the normal costs rule should apply. The court held that the costs of the appeal in LAC009-12 should follow the event, and Mekpine Pty Ltd, the first respondent, should pay the appellant's costs on the standard basis. The court found that the LAC costs decision should not be delayed until the QCA decision, and that there was not sufficient information before the LAC to vacate the order reserving the costs of the LC hearing of general applications. The court held that the costs of the appeal in LAC010-12 should follow the event, and the appellant should pay the costs of the appeal of the respondent Zacsam Pty Ltd on the standard basis. The court also held that apportionment of costs was a matter for the costs assessor.

In conclusion, the court dismissed the appeals of Mekpine Pty Ltd and Zacsam Pty Ltd and allowed the appeal of Moreton Bay Regional Council. The court ordered that Mekpine Pty Ltd was to pay the appellant's costs of the appeal on the standard basis, such costs to be agreed or, failing agreement, to be assessed. The court also ordered that the appellant was to pay the costs of the appeal of the respondent Zacsam Pty Ltd on the standard basis, such costs to be agreed or, failing agreement, to be assessed.