Parklands Darwin Pty Ltd v Minister for Infrastructure, Planning and Logistics (Costs)

Parklands Darwin Pty Ltd sought costs following proceedings against the Minister for Infrastructure, Planning and Logistics in the Supreme Court of the Northern Territory. The dispute concerned the legislative authority of the Northern Territory, involving legally complex constitutional issues.

The primary legal issue before the Court was whether the retainer of more than one counsel by the parties was warranted in the proceedings, and consequently, whether the costs associated with two counsel should be allowed on a party-and-party basis.

The Court, comprising Grant CJ, Kelly J, and Hiley AJ, determined that the constitutional issues raised were of significant complexity. Given this complexity and the fact that both parties had engaged two counsel, the Court certified the proceedings as fit for two counsel, indicating its discretion to allow such costs.

The Court ordered that the proceedings be certified as fit for two counsel.