Rob Anderson KC and John Ware acted for the successful respondent, instructed by the Department of Transport and Main Roads. While there were no appearances, counsel authored the respondent’s written submissions.
This proceeding follows from Pat Nolan Butchery Pty Ltd & Ors v Department of Transport and Main Roads [2026] QLC 13 where the Court dismissed the Originating Application for want of jurisdiction. The respondent seeks costs of the proceeding. The Court found that the respondent was wholly successful, the applicant elected to proceed even though they were repeatedly put on notice that the Court had no jurisdiction. Further, there were no discretionary factors to warrant a different order, and any cost savings in future proceedings as a result of this proceeding would otherwise go uncompensated. The respondent thus incurred costs due to the applicant’s failure to institute proceedings properly. Accordingly, the applicants were ordered to pay the respondent’s costs.
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