VicForests v Friends of Leadbeater’s Possum Inc (No 2) [2021] FCAFC 92 (03 June 2021) (Jagot, Griffiths and SC Derrington JJ)


Catchwords:


COSTS – discretion to award costs – costs of trial and appeal – where respondent succeeded at trial – where appellant’s success depended on one ground not squarely raised below – whether to depart from usual costs rule – consideration of ‘public interest litigation’ – where particular circumstances of the case justified departure from the usual costs rule