Local Democracy Matters Incorporated v Infrastructure NSW (No 2)

[2019] NSWCA 118

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Public interest litigation
4. › Whether unsuccessful appellant should pay respondents' costs
5. › Whether 'something more' shown to displace ordinary costs rule
6. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1
1. Practice and Procedure
2. › Costs
3. › Multiple respondents
4. › Whether more than one set of costs should be ordered
5. › Whether reasonable for unsuccessful litigant to bear more than one set of costs
6. › No conflict of interest between respondents

Quick Take

Public interest considerations weigh less heavily in appeal proceedings than at first instance, particularly where novel points were resolved below and the appeal was dismissed instanter, and the court will not normally allow multiple sets of costs to respondents with no conflict of interest between them.