Johnston v The Greens NSW [2020] NSWCA 357 (24 December 2020) (Meagher JA; Brereton JA)


Catchwords:


APPEALS – leave to appeal – utility – where substantive dispute concerns Greens list of nominees for election already held – whether any utility in considering whether list of nominees determined consistently with party constitution – whether dispute likely to recur – whether any errors sufficiently arguable to justify leave

COSTS – party/party – exceptions to general rule that costs follow the event – public interest – where proceedings had a “public interest” element – whether arguable error in primary judge declining to make no order as to costs

COSTS – party/party – multiple parties – whether arguable error in allowing multiple sets of costs to defendants with similar interests