Proceedings concerning the interpretation of councils' obligations under s 94 of the EP&A Act in relation to monetary contributions may constitute public interest litigation. Where such proceedings raise novel questions of statutory interpretation not previously considered by the Court and the applicant presents an arguable case, special circumstances may exist justifying departure from the usual costs order, even where the applicant is unsuccessful. Abandoning hopeless claims at the commencement of a hearing is sensible conduct that does not warrant indemnity costs.
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