Till v Work Health and Safety Queensland Office of Industrial Relations, Queensland Treasury Department (No 2)

The matter of Till v Work Health and Safety Queensland Office of Industrial Relations, Queensland Treasury Department (No 2) was heard by the Appeal Tribunal. The dispute arose when the tribunal found it had no jurisdiction to hear the applicant's claim. The applicant subsequently sought leave to appeal this decision, which was unsuccessful. The first respondent then sought its costs of and incidental to the proceeding, which became the central issue of the appeal.

The legal issues before the Appeal Tribunal included whether the interests of justice required a costs order to be made against the applicant. The tribunal examined the principles of costs in civil proceedings under state and territory courts, particularly focusing on the statutory basis for awarding costs generally. The tribunal also considered the circumstances in which the interests of justice might dictate that a costs order should be made.

In reaching its decision, the tribunal noted that the applicant had no reasonable prospects of success in the initial tribunal proceeding and that the tribunal's decision was correct. Given the unsuccessful appeal, the tribunal found that it was appropriate in the interests of justice to order the applicant to pay the first respondent's costs of and incidental to the application for leave to appeal. The tribunal set the amount of costs at $1,800.00.

The Appeal Tribunal ordered that the applicant pay the first respondent's costs of and incidental to the application for leave to appeal in the amount of $1,800.00. This order reflects the tribunal's conclusion that the interests of justice were served by requiring the applicant to bear the costs of the unsuccessful appeal.