Symbolic Resources Pty Ltd v Kingham and Ors (No 2)

Symbolic Resources Pty Ltd sought judicial review of the proceedings in the Land Court of Queensland, where it had unsuccessfully opposed the joinder of the fourth respondents. The Land Court proceedings were in a "no cost jurisdiction". The applicant was successful in its judicial review proceedings, and sought an order for costs. The fourth respondents had previously been successful in their application to be joined to the Land Court proceedings and sought an order for their costs of that application. The court had to decide whether the joinder application was an “event” for which costs should be determined separately. The court also had to decide how costs should be apportioned between the parties in the judicial review proceedings.

The court held that the joinder application was an “event” for which the costs were to be separately determined. The court found that there were no special or exceptional circumstances that would disentitle the fourth respondents to their costs in respect of the joinder application. However, the joinder application was adjourned to enable the fourth respondents to amend their application. The court made an order that the fourth respondents pay the standard costs of the applicant thrown away by reason of the adjournment. The court held that the general rule that costs follow the event should only be departed from in the Court’s discretion with good reason. The court found that the applicant’s conduct was efficient and that the fourth respondents’ involvement caused the proceeding to take longer. The court held that the fourth respondents were entitled to their costs of the joinder application, except for the adjournment on 21 January 2020.

The court made orders that the fourth respondents pay the standard costs of the applicant thrown away by reason of the adjournment on 21 January 2020. The court made an order that the applicant otherwise pay the fourth respondents’ costs of the joinder application on a standard basis. The court made no further order as to costs.