26 Aug 2022
GORDON v ATTORNEY-GENERAL [2022] NZHC 2143
- Citation
- [2022] NZHC 2143
- Court
- High Court
The Court refused to grant an advance protective costs order because the applicants did not establish the extreme circumstances required: although the litigation raises public interest issues and counsel act pro bono, the ongoing public policy reform process reduced the utility of pre-hearing protection and it was not clear the applicants could not proceed without the order; therefore costs should be decided at or after the substantive hearing, with sensitivity to access to justice concerns.