Sykes v Minister for Mines and Energy

In the Land Court of Queensland, Ian Grant Sykes, the applicant, brought two separate proceedings against the Minister for Mines and Energy and Queensland Gas Co Limited, the respondents. Following the dismissal of both cases by the Land Court, the respondents applied for costs against Mr. Sykes. The legal issues in this case were whether the Land Court had the jurisdiction to award costs for proceedings commenced in the Land and Resources Tribunal but concluded in the Land Court, and if so, whether special circumstances existed to warrant an award for costs against Mr. Sykes in these matters.

The court determined that the Land Court Act 2000 provided the Land Court with the jurisdiction to award costs in such cases. The court considered that special circumstances existed in this matter, as Mr. Sykes' conduct of the proceedings was unreasonable and caused greater costs to be incurred by the respondents than would typically be expected. The court agreed with the submissions of Counsel for QGC that it was appropriate to award costs to QGC at one-half of their costs of proceeding PGC00114/2007 on the standard basis. Similar considerations applied to the Minister's costs, and the court ordered that Mr. Sykes pay 40% of the Minister's costs in proceeding PGC00086/2007 as assessed on the standard basis.

The court ordered that Mr. Sykes pay 40% of the Minister's costs and 50% of QGC's costs, as assessed on the standard basis. The court also ordered the Minister and QGC to prepare detailed short form assessments of costs with respect to proceedings PGC00086/2007 and PGC00114/2007, respectively. If Mr. Sykes wished to contest the costs assessments, he was to file and serve his submissions in response to the assessments by a specified date. Both the Minister and QGC were allowed to reply to any response material filed and served by Mr. Sykes by a specified date. Unless any party made submissions that they wished to be heard orally on the assessment of costs, the court would make orders assessing costs on the papers.