Clarification of the law resulting from adversarial litigation does not, except perhaps in a test case, tend strongly in favour of departure from the usual costs rule. Public interest considerations associated with bringing proceedings may weigh less heavily at the appellate level than at first instance, though in an appropriate case they may still warrant departure from the usual costs order. Disputes between tiers of government do not stand outside the usual costs practice merely because government actions involve matters of public interest.
The full text is available to signed-in members, including the 13 later cases that cite this judgment.
4 of the 13 citing cases carry a classified treatment. How each court treated it is available to signed-in members.