Local Democracy Matters Incorporated v Infrastructure NSW (No 2)

Local Democracy Matters Incorporated (LDM) appealed a decision of the primary judge, and Infrastructure NSW and the Minister for Planning and Public Spaces (the Minister) were the respondents. The dispute concerned LDM's challenge to the validity of certain planning decisions made by the Minister. The appeal was heard by the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether LDM, as the unsuccessful appellant, should be ordered to pay the costs of the respondents, and if so, whether more than one set of costs should be ordered. This involved considering whether the litigation was brought in the public interest and if there was any "something more" that would displace the ordinary rule that costs follow the event.

The Court of Appeal applied the general rule that an unsuccessful party should pay the costs of the successful party. It found that while LDM's litigation might have raised matters of public interest, this alone was not sufficient to displace the ordinary rule. The Court determined that there was no "something more" demonstrated that warranted a departure from the standard costs order. Consequently, LDM was ordered to pay the Minister's costs of the appeal.