1That a statutory body brought proceedings in discharge of its statutory responsibilities, raised a novel and arguable question of statutory construction, and that the resulting judgment provides guidance of ongoing significance does not, individually or collectively, amount to special or exceptional circumstances sufficient to displace the ordinary rule that costs follow the event.
2A public body that was a party to the proceeding below and whose own decision was set aside has a real and direct interest in the outcome, distinguishing it from a disinterested public interest litigant in the [name withheld] sense.
3A tribunal respondent's restraint in confining its submissions to jurisdictional matters (consistent with Ex parte [name withheld] principles) does not disentitle it to costs where its participation was necessary to ensure a properly balanced argument.
