Pollentine v Parole Board Queensland

Pollentine was the applicant in a case where he sought judicial review of a decision made by the Parole Board Queensland. The dispute centred on the legal correctness and fairness of the board’s decision in relation to his parole application. The case was heard in the Queensland Court of Appeal.

The primary legal issue before the court was whether it was appropriate to order that each party bear their own costs of the judicial review proceeding, in light of the applicant’s unsuccessful application. The court had to consider the circumstances of the case, including the nature of the dispute, the conduct of the parties, and the overall outcome of the proceeding.

The court found that the applicant’s application for judicial review was unsuccessful and, given the nature of the dispute and the outcome, it was appropriate to order that each party bear their own costs of the proceeding. The court considered the matter under section 49 of the Judicial Review Act 1991 (Qld), which allows for such an order to be made where it is just and equitable to do so. The court concluded that the circumstances warranted an order that each party bear their own costs.