Attorney General v Kennedy Miller

The Attorney-General, as the applicant, sought to review a decision of a costs assessor in proceedings brought by Kennedy Miller, the respondent. The dispute concerned the assessment of costs awarded to Kennedy Miller in earlier proceedings.

The primary legal issue before the Court of Appeal was whether the Attorney-General, in the context of proceedings to review a costs assessor's decision, was prima facie immune from orders for costs. The court was required to determine the extent of any such immunity and its application in this specific instance.

The court reasoned that while the Attorney-General might enjoy certain immunities in some contexts, this did not extend to proceedings where they were seeking to challenge a costs assessment. The court applied the principle that parties involved in litigation, including the Attorney-General, are generally subject to the ordinary rules of costs unless specific statutory provisions dictate otherwise. The court found no basis for a prima facie immunity from costs orders in this type of review proceeding.

Consequently, the court made cost orders in favour of Kennedy Miller.