Successful party ordered to bear own costs: a reminder that winners are not always grinners

In brief - Court exercised its discretion under section 457 of SPA to order that each party bear their own costs

In Cox & Ors v Brisbane City Council and Anor (No2) [2013] QPEC 78, an application for costs by Childhood Cancer Support Inc has resulted in the Queensland Planning and Environment Court exercising the discretion provided by the new costs provisions of the Sustainable Planning Act 2009 (QLD) by ordering that each party bear its own costs.

Unsuccessful appeal against development approval was nevertheless based on legitimate interests

Childhood Cancer Support Inc sought a costs order following an unsuccessful submitter appeal by local residents against the council's approval of a development application for a multi-unit development in Herston, Brisbane. The concerns of the local residents included the alleged over-development of the site and associated amenity and privacy issues. While Childhood Cancer Support Inc successfully resisted the appeal,