Trimble v Simon Blackwood (Workers' Compensation Regulator) and State of Queensland (for Queensland Audit Office)

Costs within 14 days of this judgment.

The appeal by Trimble against Simon Blackwood, the Workers' Compensation Regulator, and the State of Queensland, represented by the Queensland Audit Office, was withdrawn during the hearing. The central issue in the case was whether the Appellant, Trimble, was entitled to costs incurred for two days of the hearing, given the withdrawal of the appeal. The court was tasked with determining whether the Appellant's claim for costs was justified and whether any jurisdictional challenges were warranted. Additionally, the court had to address the ambiguity in the Appellant's claim regarding the specific costs sought.

The court ruled that the Appellant was entitled to costs for two days of the hearing, as the withdrawal of the appeal did not absolve the Respondents of their financial obligations. The court found that a jurisdictional challenge was not warranted, as the Appellant's claim, though ambiguous, did not fall outside the scope of the court's authority. However, the ambiguity in the Appellant's claim led the court to conclude that the costs thrown away should not be awarded. The court exercised its discretion to adjust the Schedule of Costs accordingly, ensuring that only the costs reasonably incurred for the two days of the hearing were included.