Rolfe v The Territory Coroner & Ors (Costs)

[2025] NTCA 7

NT Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Party/party costs
4. › Exceptions to general rule that costs follow the event
5. › Nature of proceedings
6. › Coronial proceedings
7. › Interveners
8. › Whether successful respondents entitled to costs orders against appellant
9. › Whether intervention at first instance on understanding no costs orders would be made precludes costs on appeal
1. Practice and Procedure
2. › Costs
3. › Interveners
4. › Role of interveners directed to calling attention to matters of law rather than as parties in ordinary inter partes litigation
5. › Proceedings directed to public interest rather than vindication of private rights
6. › Whether costs orders rarely made in favour of interveners
1. Practice and Procedure
2. › Costs
3. › Attorney-General's intervention
4. › Whether negative implication in s 17(3) of Crown Proceedings Act 1993 (NT) precludes costs order in favour of Attorney-General
5. › Crown Proceedings Act 1993 (NT), s 17

Quick Take

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.