Where parties intervene at first instance on the understanding that no costs orders will be made, the question of costs on appeal should reflect that position, even though the interveners become respondents by operation of the rules. Section 17(3) of the Crown Proceedings Act 1993 (NT) does not give rise to a negative implication precluding costs orders in favour of the Attorney-General, but the proper role of the Attorney-General as an intervener to assist the court on statutory interpretation does not ordinarily warrant a costs order in the Attorney-General's favour. Costs orders are rarely made in favour of interveners whose role is more in the nature of amicus curiae.
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