The Court of Appeal held that the primary judge erred in dismissing the appellant's application for costs under s 7.6(1A)(a) of the Local Government (Planning & Environment) Act 1990 (Qld). Where the respondent developer and council had resisted declarations regarding unlawful road construction and the appellant was largely successful, the respondents' conduct in resisting the proceedings was found to be frivolous or vexatious, warranting a costs order in the appellant's favour. The appellant was awarded costs of the Planning and Environment Court proceedings (excluding those already dealt with) and costs of the appeal, assessed on the District Court scale for claims exceeding $50,000.
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