In NSW, an unsuccessful appellant in environmental planning proceedings who claims public interest litigation status must demonstrate 'something more' beyond the public interest character of the litigation to displace the ordinary costs rule. Relevant factors militating against departure include: the successful respondent being a commercial enterprise rather than a government authority; the issue being a discrete point of statutory interpretation without broad environmental ramifications; and the appellant's members having private interests as local residents. Rule 4.2 of the Land and Environment Court Rules 2007 is almost completely irrelevant on appeal to the Supreme Court.
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