In the case of MacMines Austasia Pty Ltd v Chief Executive, Department of Environment, Science and Innovation (No 3) [2024] QLC 21, the Land Court of Queensland addressed an application for costs following an appeal regarding MacMines Austasia's environmental authority application. The appellant argued that the application was properly made under the Environmental Protection Act 1994 (Qld), while the respondent contended it was not. A significant aspect of the proceedings was that the respondent, a government agency, made concessions on several discrete issues prior to the hearing. Despite the appellant's partial success on certain issues, the court determined that their environmental authority application was not properly made in its entirety. The court, exercising its discretion under the Land Court Act 2000, decided in favor of the respondent, upholding the rule that costs follow the event. Thus, the appellant was ordered to pay the respondent's costs incurred in relation to the proceeding.
Full text: https://www.sclqld.org.au/caselaw/150151