Opalinski v Coordinator-General

The case of Opalinski v Coordinator-General involved an application for costs by the respondents, the Coordinator-General and the Chief Executive of the Department of Transport and Main Roads, against the applicant, Zdzislaw Joe Opalinski. The dispute arose from an earlier application by Opalinski seeking to hear two cases together and for certain disclosure orders, which was unsuccessful. The respondents defended the applications and sought costs of their successful defence.

The primary legal issue before the court was whether the applicant should be ordered to pay the respondents' costs of and incidental to the applications. The respondents argued that the applicant's applications were unjustified and continued despite clear reasons provided by the respondents as to why the proceedings should not be heard together. They contended that the interests of justice dictated that costs should follow the event, and therefore, the applicant should bear the costs. The applicant, on the other hand, argued that only one order for costs should be made given that the respondents were represented by the same firm, and any costs order should be deferred until the final determination of his claims for compensation. He also posited that it would be unjust to order costs to be paid before the determination of the compensation claims.

The court decided to reserve the decision on the present costs application until the conclusion of the compensation proceedings. The court considered that at that time, all aspects of the matters would likely be more fully revealed and could be taken into account, including the extent of the scheme of resumption which was not yet known. This approach was seen as balancing the competing considerations of ensuring just outcomes for both parties while allowing for a comprehensive assessment of the entire dispute.

The final order was that the decision on the present costs application would be reserved until the conclusion of the proceedings.