Circumstances exist here for an award of costs on

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circumstances exist here for an award of costs on other than the general basis. Accordingly, the order for costs will be that the plaintiffs pay each of the defendants costs of and incidental to the application to strike out V3, such costs to include the costs of this application for costs.
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Exceptions to costs indemnity rule  Party wins in wrong court E.g. amount recovered was well within jurisdictional limit of a lower court. Get costs on lower court scale. Party rejected a generous settlement offer Party ultimately wins but loses on some issues Public interest litigation …
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Public Interest  Public Interest  Litigation Litigation A public interest group who is successful may get their costs paid on indemnity basis. Australian Federation of Consumer Organisations Inc v Tobacco Institute of Australia Ltd (1991) 100 ALR 568. Public interest group brought successful action to restrain the Respondent from making misleading and deceptive statements on issues of public health. Judge awarded indemnity costs to plaintiff after considering public interest aspect and that proceedings were a test case on whether passive smoking endangered the health of non-smokers.
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Public Interest Litigation Public Interest Litigation Public interest group which is unsuccessful , may avoid getting a costs order against them. The counsel & solicitors acting in the interests of the rescuees in this case have evidently done so pro bono. They have acted according to the highest ideals of the law. They have sought to give voices to those who are perforce voiceless and, on their behalf, to hold the Executive accountable for the lawfulness of its actions. In so doing, even if ultimately unsuccessful in the litigation they have served the rule of law and so the whole community. Postscript to Tampa Judgment per French & Beaumont JJ
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Ruddock Press Release:  Ruddock Press Release:  Costs of Tampa Case Costs of Tampa Case Today the majority of the Full Court of the Federal Court decided that the Cth should not receive its costs … in legal proceedings concerning the people rescued by MV Tampa. The Cth had argued that it should recover at least part of the thousands of taxpayers' dollars that we spent responding to what we consider was an unnecessary court action, which we estimate to be over $200,000. The Cth did not seek costs against the groups who intervened in the case, the Human Rights & Equal Opportunity Commission & Amnesty International.
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Ruddock Ruddock     cont. cont. The Cth was successful in the Full Court of the Federal Court. The Court found that the Cth Govt did not detain the rescuees & that the Cth has inherent authority to prevent unlawful citizens (sic) from entering Australia's territorial waters.
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