Roulstone v New South Wales Bar Association (No 2)

The plaintiff, Roulstone, applied for costs after successfully appealing the decision of the New South Wales Bar Association in the principal proceedings. The association had deemed refusal under section 48(13) of the plaintiff's application for a practising certificate, and the plaintiff sought costs following this successful appeal. The association was deemed to have failed in establishing the serious allegations against Roulstone to the requisite standard, and had not proved that Roulstone was not a fit and proper person to hold a practising certificate. The association, as a proper contradictor, was required to assume the burden of gathering evidence which was not volunteered by Roulstone. Given the public interest question involved in the proceedings, the court found that it was appropriate for each party to bear their own costs.

The court considered the legal principles and precedents relevant to the case, including the general rule that the losing party in litigation pays the costs of the successful party, and the circumstances in which this rule may be departed from. The court also considered the public interest nature of the proceedings and the association's role as a proper contradictor. Ultimately, the court determined that it was appropriate for each party to bear their own costs, given the unique circumstances of the case and the public interest considerations involved. This outcome reflects the court's view that the association's failure to establish the allegations against Roulstone to the requisite standard and the public interest nature of the proceedings warranted a departure from the general rule on costs.