Larter v Hazzard (No 3) [2021] NSWSC 1595

Larter v Hazzard (No 3) [2021] NSWSC 1595

The proceedings were brought substantially for the plaintiff's benefit and would, if successful, have benefitted only a limited group; the plaintiff's arguments regarding public interest did not justify departing from the general rule that costs follow the event.

Jurisdiction
Australia
Judgment Date
09 December 2021
Procedural Posture
Costs Application Following Principal Judgment / Post Judgment Costs Determination
Outcome
Plaintiff ordered to pay third defendant's costs of the proceedings.
Legal Topics
['costs' 'public Interest Litigation' 'covid 19 Public Health Orders']
['civil Procedure'] ['costs' 'public Interest Litigation' 'covid 19 Public Health Orders']

Case Brief

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Procedural Posture

Costs Application Following Principal Judgment / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether exception to general rule that costs follow the event applies' 'Whether proceedings were brought in the public interest justifying departure from general rule' 'Appropriate costs orders given conduct and nature of proceedings']

Ratio Decidendi

The proceedings were brought substantially for the plaintiff's benefit and would, if successful, have benefitted only a limited group; the plaintiff's arguments regarding public interest did not justify departing from the general rule that costs follow the event.

Court Disposition

Plaintiff ordered to pay third defendant's costs of the proceedings.

Orders

  • ["The plaintiff to pay the third defendant's costs of the proceedings."]