Witthahn v Wakefield (Chief Executive of Hospital and Health Services and Director General of Queensland Health)

In the case of Witthahn v Wakefield, the applicants, employees of the Queensland Ambulance Service, challenged directives mandating COVID-19 vaccinations issued by the Acting Commissioner of the Queensland Ambulance Service and the Chief Executive of Queensland Health. The applicants sought judicial review of these directives under the Judicial Review Act. The matter was heard in the Queensland Supreme Court, where several procedural and cost-related issues arose.

The court was tasked with determining whether the applicants should bear the costs thrown away by the adjournment of the hearing and whether the sixth applicant should pay the costs of the proceeding after being granted leave to discontinue. The applicants argued that the costs should not be borne by them, as the adjournment was due to the respondents' actions and the discontinuation was granted due to the applicants' inability to proceed with the case.

The court held that the costs thrown away by the adjournment should not be borne by the applicants, as the adjournment was due to the respondents' failure to file necessary documents. The court also ruled that the sixth applicant should not be ordered to pay the costs of the proceeding, as the discontinuation was granted due to the applicant's inability to proceed with the case, which was not due to their own actions.

The court's orders were that no order should be made as to the costs thrown away by the adjournment, and that the sixth applicant and the respondents should bear their own costs of the proceeding.