Smith v Chief Executive, Queensland Corrective Services

[2025] QSC 38

SUPREME COURT OF QUEENSLAND

CITATION:

Smith v Chief Executive, Queensland Corrective Services
No. 2 [2025] QSC 38

PARTIES:

RACHEL SMITH

(applicant)

v
CHIEF EXECUTIVE, QUEENSLAND CORRECTIVE SERVICES

(respondent)

FILE NO:

3881 of 2024

DIVISION:

Trial Division

PROCEEDING:

Application

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

5 March 2025

DELIVERED AT:

Brisbane

HEARING DATE:

27 November 2024, and written submissions received
6 December 2024 and 17 December 2024

JUDGE:

Sullivan J

ORDER:

The applicant pay the respondent’s costs of and incidental to the application, to be assessed on a standard basis, up to but not exceeding a maximum of $10,000.

CATCHWORDS:

PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COSTS – REGULATED COSTS: GROSS OR FIXED COSTS, LUMP SUM ORDERS OR CAPPING ORDERS AND LIKE MATTERS – POWER TO ORDER – where the respondent was successful in its defence of the application and seeks an order for costs fixed at $10,000 – where the applicant brings an application pursuant to s 49 of the Judicial Review Act 1991 (Qld) seeking an order that each party bear their own costs – where the applicant has a level of impecuniosity and is a prisoner – whether in all the circumstances each party should bear their own costs – whether costs should be fixed or capped pursuant to r 687 of the Uniform Civil Procedure Rules 1999 (Qld).

Human Rights Act 2019 (Qld)
Judicial Review Act 1991 (Qld), s 49
Uniform Civil Procedure Rules 1999 (Qld), r 681, r 687

Dion Giuseppi Sergi by next friend Aileen Solowiej v Sergi [2012] WASC 18
Foster v Shaddock & Ors [2016] QCA 163
Musgrave v The Central and Northern Queensland Regional Parole Board [2017] QSC 312

COUNSEL:

S Holt KC with J Underwood for the applicant

S Robb KC with L Kruger for the respondent

SOLICITORS:

Owens & Associates for the applicant

Queensland Corrective Services, Legal Strategy & Services Group for the respondent

Introduction

1. The respondent was successful in its defence of the application.  The respondent now seeks its costs, albeit fixed at $10,000.

2. In response, the applicant has brought an application pursuant to s 49 of the Judicial Review Act 1991 (Qld) (“JRA”) seeking an order that each party bears their own costs.

3. The following points are not in dispute between the parties:

   ·The standard rule for costs is that costs follow the event, pursuant to r 681(1) of the UCPR.[1]

   [1]Uniform Civil Procedure Rules 1999 (Qld).

   ·That standard rule is subject to the operation of s 49 of the JRA.

   ·Section 49 of the JRA allows an applicant to seek an order from the court that an opposing party to the review bear its own costs, regardless of the outcome of the proceeding.

   ·For a private applicant, such as the applicant, the costs application contemplated by ss 49(1)(a) and 49(1)(e) of the JRA may be brought after the substantive determination of the principal application, but before any ruling on costs.

   ·Accordingly, the costs issue in the present proceeding…