Cumming v Minister for Planning [No 2]

[2020] VSCA 231

Victorian Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Departure from ordinary rule
4. › Public interest considerations
5. › Whether public interest litigation warrants departure from costs following the event
6. › Whether competing public interest considerations relevant
1. Practice and Procedure
2. › Costs
3. › Departure from ordinary rule
4. › Impact of costs order on unsuccessful party
5. › Whether financial impact alone sufficient to warrant departure
1. Practice and Procedure
2. › Costs
3. › Multiple successful respondents
4. › Whether unsuccessful party liable for costs of both respondents
5. › Whether duplication of submissions or waste of costs

Quick Take

The designation 'public interest litigation' is not useful and dictates no particular costs result. Where both parties advance competing public interest objectives, the court will not balance those interests in the costs context. Public interest motivations carry reduced weight on appeal where the claims have already been tested at first instance. The financial impact of a costs order on the unsuccessful party is not, without more, a basis to refuse costs to the successful party.