Yeeha Tours and Holidays Pty Ltd t/as Mile High Aviation v Department of Environment and Science

In the case of Yeeha Tours and Holidays Pty Ltd t/as Mile High Aviation versus the Department of Environment and Science, the dispute centered around the Department's refusal to award costs to Yeeha Tours in proceedings before the Queensland Civil and Administrative Tribunal. Yeeha Tours had sought indemnity costs from the Department, arguing that it had incurred significant expenses due to the Department's failure to observe procedural fairness during its internal decision-making process. The case was ultimately decided by the Queensland Court of Appeal.

The primary legal issues before the court were whether the Department's actions had caused Yeeha Tours a disadvantage, whether the Department had observed procedural fairness, and if the court had the discretion to award indemnity costs despite the statutory prohibition against such awards. Additionally, the court had to determine if it was in the interests of justice to award costs in this case.

The court found that the Department's internal decision-making process had indeed caused Yeeha Tours a disadvantage by not adhering to procedural fairness. The Department's failure to consider all relevant information and to provide Yeeha Tours with an opportunity to respond to critical allegations led to this conclusion. The court held that the statutory prohibition against awarding costs did not preclude the court from considering the broader interests of justice. It found that it was appropriate to exercise its discretion to award indemnity costs in this instance, given the circumstances. The court ordered the Department to pay Yeeha Tours the sum of $25,000 within 60 days of the order.