Shafston Nursing Pty Ltd v. Queensland Nursing Council

Shafston Nursing Pty Ltd brought proceedings against the Queensland Nursing Council, seeking to challenge the Council’s decision to revoke its nursing registration. The matter was heard in the Queensland Supreme Court. The primary issue before the court was whether the applicant was entitled to an order for costs departing from the general rule, which dictates that each party bears its own costs.

The court considered the general principle that costs follow the event, meaning that the losing party generally pays the winning party’s costs. The applicant argued that, given the outcome, it was appropriate to depart from this general rule. However, the court found that there were no exceptional circumstances that warranted such a departure. The applicant's challenge to the Council's decision did not succeed, and thus, the usual order for costs was appropriate.

In delivering its judgment, the court emphasised that the general rule regarding costs is a fundamental principle of procedural fairness and should only be departed from in rare and compelling circumstances. The court concluded that the applicant had not demonstrated any such circumstances that would justify a departure from the general rule. Consequently, the applicant was ordered to pay the respondent’s costs of the proceedings, to be assessed on the standard basis.