Where the appellant’s appeal against a condition of a development approval was dismissed and the respondent then sought an order as to costs. The respondent sought an exception to the general rule under s 59 of the Planning and Environment Court Act 2016 (Qld), that each party must bear its own costs, as the proceeding was frivolous or vexatious and the costs should be assessed on the indemnity basis.
John Ware (led by D Gore QC) appeared for the respondent, instructed by Moreton Bay Regional Council Legal Services.
The judgment is published here.