Martin v Electoral Districts Boundaries Commission (No 2)

The Full Court of the Supreme Court of South Australia considered an application for costs in proceedings brought by Mr Martin against the Electoral Districts Boundaries Commission. Mr Martin had sought judicial review of the Commission's determination of electoral boundaries, alleging that the Commission had failed to comply with its statutory obligations.

The central legal issue before the Full Court was whether the general rule that costs follow the event should apply, or if there were grounds to depart from this rule. Specifically, the Court had to determine if the public duty involved in the Commission's function, and the nature of the proceedings, warranted a different approach to the award of costs.

The Court reasoned that while the Commission was performing a public duty, this fact alone did not automatically exempt it from the ordinary costs rule. However, the Court also recognised that the nature of electoral boundary determinations, which are inherently political and subject to public scrutiny, could justify a departure from the general rule in certain circumstances. The Court ultimately held that, in this particular case, the general rule should apply, and Mr Martin, as the unsuccessful party, should pay the Commission's costs.