Wotton v State of Queensland (No 6)

The case of Wotton v State of Queensland (No 6) involved several applicants who sought damages for unlawful discrimination by the first respondent, as well as an apology and a public statement from the second respondent. The applicants argued that the respondents had breached their human rights by engaging in unlawful discrimination, and that they were entitled to pre-judgment interest and damages. The case also involved issues relating to costs, including the appropriateness of a lump sum costs order and the payment of costs prior to the conclusion of the representative proceeding. The applicants sought an order for the respondents to consider giving an apology and to publish a public statement acknowledging the discrimination that had occurred.

The court had to decide whether it had the power to grant relief against the second respondent, who had not been found liable for the unlawful discrimination, and whether it was appropriate to order the respondent to consider giving an apology and to publish a public statement. The court also had to consider the applicants' entitlement to pre-judgment interest and damages, and whether a lump sum costs order was appropriate. The court noted that it would be in the best position to consider whether orders of the kind sought were appropriate once all the claims had been finalised and determined. The court also found that the applicants were entitled to pre-judgment interest, and directed the parties to agree on interest sums for each of the applicants.

The court found that the respondents had accepted that costs should follow the event, and that the appropriate basis for the costs order was on a party/party basis. The court also noted that it was appropriate that payment be made directly to the Court, rather than through the applicants. The court made orders for the respondents to pay the applicants' costs of and incidental to the proceeding, including any reserved costs, such costs to be ordered by way of a lump sum figure. The first respondent was also ordered to pay a sum of $29,512.56 to the Queensland District Registry of the Court in refund of the transcript costs which the Court had incurred on behalf of the applicants.

In conclusion, the court found in favour of the applicants in relation to their entitlement to pre-judgment interest and damages, and made orders for the respondents to pay the applicants' costs. The court did not make any orders for the respondents to consider giving an apology or to publish a public statement, as it considered that it would be inappropriate to do so at that stage of the proceeding. The court also made orders for the first respondent to pay a sum of $29,512.56 to the Queensland District Registry of the Court in refund of the transcript costs which the Court had incurred on behalf of the applicants.