A complaint about the factual conclusions drawn by a decision-maker from submissions put to her about a relevant fact is tantamount to asking the court to conduct a merits review, which is not permitted on judicial review. The distinction between the Commission's responses to earlier and later complaints, while a relevant factual matter, was taken into account by the Deputy Commissioner, and disagreement with the weight given to it does not constitute a failure to take into account a relevant consideration. Under s 49(2) of the Judicial Review Act 1991 (Qld), limited financial resources are a relevant but not necessarily compellingly persuasive factor in costs decisions, and the absence of a public interest element may justify the usual costs order.
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