In Civil Mining & Construction Pty Ltd v Wiggins Island Coal Export Terminal Pty Ltd (No 2) [2024] QSC 64, the court dealt with the costs associated with separate applications for review regarding a cost assessor's assessment of legal costs in the substantive proceedings. Initially, the court increased the costs assessor's certificate by $160,833.43, dismissing both applications for review beyond this adjustment. The proceedings concerned which party should bear the costs of these applications. After considering written submissions from both parties, Justice Muir decided that Wiggins Island Coal Export Terminal Pty Ltd (WICET) would pay the costs of its application and Civil Mining & Construction Pty Ltd (CMC) would cover 90 percent of WICET's costs for CMC's application. This ruling was based on the principle that litigation costs generally "follow the event" unless deemed otherwise by the court, and this case considered the relative success of the applications to determine the fair allocation of costs.
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