Smith v Chief Executive, Queensland Corrective Services

In Smith v Chief Executive, Queensland Corrective Services, the applicant, a prisoner, sought an order for costs to be borne by each party following a failed application for judicial review. The respondent, successful in its defence, sought an order for the applicant to pay $10,000 in costs. The court was required to decide whether, given the applicant's financial situation, the costs should be fixed or capped, and whether each party should bear their own costs.

The court noted that the applicant had a degree of impecuniosity, which was a significant factor in determining the appropriate costs order. The court also considered the nature of the application and the respondent’s successful defence. It held that it was appropriate to order that the applicant pay the respondent's costs, but fixed the amount to be assessed up to a maximum of $10,000, reflecting the applicant's financial constraints.

The court's reasoning emphasised the need to balance the applicant's inability to pay with the respondent's right to recover costs for a successful defence. It concluded that a lump sum order was suitable in these circumstances, ensuring the respondent could recover reasonable costs without unduly burdening the applicant. The final order required the applicant to 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.