Facts: This was an application for an order for
security for costs against a submitter appellant.
The subject development approval was for a proposed multi-unit
development on land adjoining the submitter's land.
The development proponent sought an order that the submitter
appellant pay $25,000 into Court as security for costs pursuant to
Rule 670 and 671(h) of the UCPR. The ground relied upon was that
the issues required the proponent to engage expert witnesses in
circumstances where the submitter appellant had no intention of
engaging his own expert witnesses.
Rule 671(h) of the UCPR entitled the Court to order a plaintiff
to give security for costs only if it is satisfied that the justice
of the case requires the making of the order. The Court therefore
considered whether the submitter appellant was a plaintiff for the
purposes of Rule 671.
Decision: The Court held, that:
The Court was not prepared to say that the submitter appellant
was proceeding inappropriately. He was the immediate neighbour of
the site. It could not be said that he ought to be satisfied by the
provision of expert information as may have been made available to
him to date, that his fears as a neighbour that he may suffer if
the advice is wrong, ought to be set aside.
The submitter appellant could not be regarded as a plaintiff
for the purposes of Rule 671. Fraser Island Defenders
Organisation v Maryborough City Council  QPLR 23
The arguments in Fraser Island Defenders Organisation v
Maryborough City Council were strengthened by reason of
changes in the law that governed appeals such as the present,
whereby a submitter no longer has the responsibility of proving his
appeal should be allowed. Rather the developer has the
responsibility of proving that it should be dismissed.
The Courts discretion was unfettered.
There was nothing whatever to raise any concern that should the
submitter appellant suffer an adverse costs order he would be
unable to satisfy it.
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