Proceedings where an application for declaratory relief was dismissed as the declarations sought did not comply with the principles for granting declaratory relief and lacked utility. The unsuccessful applicant sought an order that the respondent pay the applicant’s costs and submitted that the proceedings concerned the proper construction of the Electoral Act 1992 (Qld). The applicant submitted that there are special or exceptional circumstances warranting a departure from the general rule that costs follow the event and that the litigation was public interest litigation.
Scott McLeod QC and David Chesterman appeared for the respondent, instructed by Crown Law.
The judgment is available here.