The City of Greater Bendigo and Australian Islamic Mission are still owed thousands of dollars in costs incurred fighting legal challenges to stop the city’s first mosque.  

The High Court threw out an appeal against the construction of the mosque and ordered the council and Islamic mission’s legal costs be paid by the applicant – Julie Hoskin.  

Neither have had their costs recovered, despite requests through legal teams.

Ms Hoskin – who has since been elected to council – claimed to be unaware of any outstanding money. 

But the lawyer representing AIM said his client was still owed $5000 after the High Court ruling. 

Best Hooper lawyer Matthew Francke said AIM had been paid costs from the Victorian Court of Appeal last year – to the tune of $25,000 – but was now looking to pursue the money it was owed. 

Mr Francke said he had written to Robert Balzola – the lawyer representing lead applicants Ms Hoskin and Kathleen Howard – seeking the money owed. 

He said AIM’s legal fees were comparatively low because its two barristers acted pro bono. 

However, the applicants were also ordered to pay council’s costs.

The city has declined to answer what costs it is seeking to recover. 

It requested all inquiries on the matter be directed via a Freedom of Information request – which the Bendigo Advertiser has lodged. 

However chief executive officer Craig Niemann confirmed the city was still owed money. 

“The Court of Appeal costs have been paid, however costs for the High Court decision are still being pursued through the appropriate channels,” Mr Niemann said.

Bendigo-based lawyer John McPherson said – based on similar cases – the city’s costs could potentially be far higher than those sought by AIM. 

“On ordinary principles, costs liability of an unsuccessful applicant at the Court of Appeal and High Court would doubtless run to the tens of thousands and quite possibly to an amount in excess of 100,000,” Mr McPherson said.

Ms Hoskin issued a statement in response to the Bendigo Advertiser’s inquiries saying she was “unaware” of any outstanding legal costs.

“I understand everything has been settled,” Ms Hoskin said. 

“This is now an issue for legal representation to address.”

However, pursuing the money owed may be a case of “throwing good money after bad,” the Australian Islamic Mission’s lawyer said.