Witthahn & Ors v Wakefield (Chief Executive of Hospital & Health Services & Director General of Queensland Health) & Ors [2022] QSC 95

Date: 26 May 2022
Court: Supreme Court of Queensland
Judicial Officer: Dalton J
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: N/A
Keywords: Public Law Considerations: COVID-19 Directions

This was a costs decision. The applicants challenged the directives of the Chief Executive of Queensland Health to make COVID-19 vaccination compulsory for ambulance officers and nurses in public hospitals and sought relief and remedies under ss 59(2) and 58 of the Human Rights Act 2009 (Qld). A new directive was then made in different circumstances (the emergence of Omicron) which meant that new evidence (such as that relating to vaccine efficacy) would be needed. The case was adjourned and no order as to costs thrown away by the adjournment on 14 February 2022 was made. Dalton J held that the respondent and the sixth applicant (who discontinued her proceeding) bear their own costs of the proceeding.

Visit the judgment: Witthahn & Ors v Wakefield (Chief Executive of Hospital & Health Services & Director General of Queensland Health) & Ors [2022] QSC 95