UNITING CHURCH HOMES (INC) and CITY OF STIRLING

In the matter of Uniting Church Homes (Inc) and City of Stirling, the State Administrative Tribunal was tasked with deciding whether the Uniting Church Homes was entitled to costs after their review proceedings against the City of Stirling were dismissed. The dispute revolved around the City's decision to reject the Uniting Church Homes' application for a permit to construct a community facility. The Uniting Church Homes sought costs pursuant to section 87(2) of the State Administrative Tribunal Act 2004, arguing that their proceedings were successful because they ultimately achieved their desired outcome through the tribunal's intervention.

The key legal issue before the tribunal was whether the Uniting Church Homes was entitled to costs under the mentioned section of the Act, given that their application for a permit had been rejected initially but was later overturned by the tribunal. The tribunal had to consider whether the proceedings could be deemed successful for the purposes of claiming costs, despite the initial rejection of the application. Furthermore, the tribunal was required to balance the respective positions of both parties, considering the City's argument that it had incurred costs in responding to the proceedings.

In its reasoning, the tribunal concluded that while the Uniting Church Homes had achieved their desired outcome through the tribunal's intervention, the proceedings were not entirely successful as the initial application was rejected. The tribunal found that the Uniting Church Homes had not satisfied the criteria for being awarded costs under section 87(2) of the Act. Instead, the tribunal determined that each party should bear their own costs, as neither party had unequivocally succeeded in the proceedings. This decision was based on the tribunal's assessment that the City had also incurred costs in defending the proceedings and that it would be unjust to require the City to contribute to the Uniting Church Homes' costs.

Consequently, the tribunal dismissed the Uniting Church Homes' application for costs against the City, and each party was ordered to bear their own costs. This outcome reflects the tribunal's view that the proceedings were not entirely successful for either party and that neither party was entitled to a costs order.