Salim Mehajer v Chief Executive of the Office of Local Government [No 2]

The case involved Salim Mehajer who brought an appeal against an order for costs made by the Land and Environment Court in relation to an application for an order of mandamus and an injunction. The Chief Executive of the Office of Local Government was the respondent. The dispute centred on whether the costs order was appropriate, particularly in light of Mehajer's lack of success and the manner in which the proceedings were conducted.

The legal issues before the court were whether the order for costs was just and whether the principles of costs following the event were appropriately applied. It was also necessary to consider whether the proceedings were conducted in a manner that warranted an order for costs against Mehajer. The court had to determine whether the order was fair and reasonable, given the circumstances of the case, including the unsuccessful nature of Mehajer's application and the conduct of the proceedings.

The court found that the order for costs was just and appropriate. The judge emphasised the principle that costs should follow the event, indicating that Mehajer, as the unsuccessful party, should bear the costs. The court also noted the conduct of the proceedings, which were deemed to have been protracted and vexatious. The judge concluded that the costs order reflected the outcome of the proceedings and the conduct of the parties involved. The court upheld the costs order, finding that it was proportionate and in line with the principles of legal costs.

As a result of the court's decision, the appeal against the costs order was dismissed, and Mehajer was required to pay the costs of the proceedings as ordered by the Land and Environment Court.