Where a party has been told at multiple prior stages of proceedings that its case suffers from fundamental defects (here, lack of standing and non-joinder of a necessary party), persisting with an appeal will be characterised as hopeless and attract indemnity costs. The engagement of senior counsel by the successful party in a hopeless appeal may itself be scrutinised as a potentially unreasonable expense, though the engagement may be justified where significant consequences are at stake.
The full text is available to signed-in members, including the 34 later cases that cite this judgment.
3 of the 34 citing cases carry a classified treatment. How each court treated it is available to signed-in members.