Section 49(1)(d) of the Judicial Review Act 1991 (Qld) only indemnifies costs from the time the costs application is made, not retrospectively. Where a judicial review appeal raises novel questions of statutory interpretation affecting the liberty of the person and the appellant is impecunious, s 49(1)(e) may justify an order that each party bear their own costs despite the appellant being unsuccessful. Section 49(1)(e) authorises orders about costs incurred before the costs application was made.
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