Buddhist Society of Western Australia (Inc) v Shire of Serpentine-Jarrahdale & Anor

[1999] WASCA 55

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Public interest litigation
4. › Whether unsuccessful applicant for prerogative writ protected from costs orders on grounds of public interest
5. › Principles governing departure from ordinary rule that costs follow the event
1. Practice and Procedure
2. › Costs
3. › Non-parties
4. › Whether non-party granted leave to appear entitled to costs order in its favour
5. › Supreme Court Act 1935 (WA), s 37(1)
6. › Rules of the Supreme Court (WA), O 66 r 1(1)
1. Practice and Procedure
2. › Costs
3. › Special order as to costs
4. › Whether upper limit of Scale item should be removed
5. › Rules of the Supreme Court (WA), O 66 r 12(1)

Quick Take

The denial of costs to successful litigants on the ground that the litigation bears a public interest character should be rare. An applicant with an identifiable private interest in the outcome cannot characterise its litigation as public interest litigation to avoid costs. Non-parties granted leave to appear who have a particular interest in the outcome are entitled to costs orders in their favour.