Wreck Bay Aboriginal Community Council v Williams (No 2)

The Court of Appeal of the Supreme Court of the Australian Capital Territory considered an application for costs by the appellant, Wreck Bay Aboriginal Community Council, against the Attorney-General of the Australian Capital Territory, who had intervened in the proceedings. The dispute concerned the appellant's entitlement to certain costs following an earlier decision in the matter.

The central legal issue before the Court was whether there were "special reasons" to order the Attorney-General, as intervener, to pay a portion of the appellant's costs, pursuant to section 27(4) of the *Court Procedures Act 2004* (ACT). This provision allows for costs orders against an intervener in exceptional circumstances.

The Court reasoned that the Attorney-General's intervention was undertaken in the public interest, to assist the Court by presenting arguments on a significant legal question. The Court found no evidence that the Attorney-General's conduct during the intervention was frivolous, vexatious, or otherwise improper, nor that the intervention had caused unnecessary expense or delay. Consequently, the Court concluded that no "special reasons" existed to depart from the usual rule that an intervener, particularly one acting in the public interest, should not be ordered to pay costs.

Accordingly, the Court made no order as to costs as between the appellant and the Attorney-General of the Australian Capital Territory.