Statement - December 2022

The Planning and Environment Court has handed down a costs order against co-respondents involved in the Eagles Retreat Court appeal.

Council initially contested the development until modifications to the proposal and further evidence provided meant Council's expert witnesses could no longer support a refusal for the application.

In the original decision delivered on 6 October 2022, the Court found that the co-respondents' persistence with their refusal cases had resulted in a waste of public and private resources, including the resources of the Court.

On Friday, 9 December, in handing down his judgment on costs, Judge Williamson KC observed in paragraph 118 of his reasons that the co-respondents' conduct of the appeal fell well short of what was expected of litigants in the Court and that the waste of public and private resources was unnecessary and avoidable.

The judge ordered that cost orders be made against both co-respondents in favour of the Appellant and Scenic Rim Regional Council and that the costs be shared equally. The co-respondents were also ordered to pay the costs of the applications, to be shared equally.