Queensland Racing Integrity Commission v Endresz; Racing Queensland Board v Endresz [No 2]

The appeal involved the Queensland Racing Integrity Commission and Racing Queensland Board as appellants, with Endresz as the respondent. The primary dispute centred around the costs incurred in the proceedings, particularly after the appellants were unsuccessful on appeal. The case was heard in the Queensland Court of Appeal. The appellants argued that they should only be liable for 60 per cent of the respondent's costs, while the respondent maintained that the appellants should bear the full costs.

The court was required to determine whether there were any special or exceptional circumstances that would justify deviating from the usual rule of costs following in the course of the proceedings. The primary focus was on the parties' submissions regarding the appropriate proportion of costs the appellants should bear, given their unsuccessful appeal.

In delivering the judgment, the Court of Appeal considered the submissions from both parties on the issue of costs. The court found that the appellants, having been unsuccessful on appeal, should bear the full costs of the proceedings. The Court did not find any special or exceptional circumstances that would warrant a reduction in the costs that the appellants were required to pay. Consequently, the appeal was dismissed, and the appellants were ordered to pay the full costs of the proceedings to the respondent.

The final orders of the court mandated that the appellants pay the respondent's costs of and incidental to the appeal, as well as the costs of the Queensland Racing Integrity Commission's application in the appeal. The Court of Appeal upheld the respondent's position that the appellants should bear the full costs, reflecting the usual principle of costs following the event.