Lusk v Commonwealth Ombudsman

In *Lusk v Commonwealth Ombudsman*, heard before Judge Cameron, the applicant sought a special costs order against the respondent, the Commonwealth Ombudsman. The dispute concerned the costs of proceedings that the applicant contended were brought in the public interest.

The central legal issue before the Court was whether the circumstances warranted the making of a special costs order in favour of the respondent, despite the applicant's assertion of public interest litigation.

Judge Cameron considered the principles governing the award of costs in public interest litigation. The Court determined that the applicant had not established grounds for a special costs order. Consequently, the standard rule that the unsuccessful party pays the successful party's costs was applied.

The Court ordered that the applicant pay the respondent's costs, to be assessed in default of agreement.