Hunter Development Corporation v Save Our Rail NSW Incorporated (No 2)

(2016) 93 NSWLR 704; [2016] NSWCA 375

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Supervening events
3. › Enactment of legislation after judgment reserved
4. › Whether appeal rendered moot
5. › Whether court impermissibly delivered advisory opinion
6. › Whether court should set aside principal judgment
7. › Whether live issue as to costs at first instance sustained the controversy
1. Practice and Procedure
2. › Costs
3. › Discretion
4. › Public interest litigation
5. › Whether characterisation as public interest litigation warrants departure from usual costs order
6. › Whether additional factor or circumstance required
7. › Civil Procedure Act 2005 (NSW), s 98
8. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1
1. Practice and Procedure
2. › Costs
3. › Supervening events rendering proceedings moot
4. › Whether costs should lie where they fall
5. › Whether court can discern a clear winner after hearing on the merits

Quick Take

The Court held that supervening legislation will not render appellate proceedings moot where costs at first instance remain in issue, and that characterisation of proceedings as 'public interest litigation' requires identification of an additional factor beyond the public interest character to warrant departure from the usual costs order.