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State respondents awarded costs of successfully resisting application for leave to seek judicial review

By: James Cross BL

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High Court awards the successful State respondents the costs of resisting an application for leave to seek judicial review, on the grounds that costs follow the event and there were no special circumstances as to why
the court should not award the entirely successful party the costs of the application; but the court places a stay on the costs order in the event that an appeal is brought.

Judicial review - costs of litigation – leave to seek judicial review refused – applicant seeks costs in order to bring an appeal – not logical in light of the Court’s reasons – argument for no order as to costs not convincing – argued that breach of constitutional rights claim not determined – reasons due to the applicant’s actions - an order granting the State Respondents their costs in resisting the application for leave to seek judicial review, and will place a stay on such order in the event that the applicant appeals the decision to refuse him leave – no other order before the Court – Judge hearing the ex parte application for leave directed that it be heard on notice – no objection by either party - worry that the court has been provided with documents or evidence of which he is unaware is without foundation.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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