Where parties enjoy mixed success on a referral of questions of law from VCAT to the Court of Appeal, and the questions are of general public importance, the appropriate costs order may be no order as to costs. Practical difficulties with costs being in the cause of the tribunal proceeding — including uncertainty about the tribunal's power to order costs where it lacks jurisdiction — weigh against such an order.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
1 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.