Camilla Jane McDowell v The Minister of Justice and Constitutional Development

Cited for the 'Biowatch principle' that no costs order should be made against the appellants in constitutional litigation asserting a constitutional right…

Cited for the general rule for an award of costs in constitutional litigation between a private party and the state.

The court applies the Biowatch principle that each party should bear their own costs in constitutional litigation against an organ of state.

Applied for the rationale that adverse costs orders in constitutional litigation may have a chilling effect on litigants seeking to vindicate constitutional…

The court applies the Biowatch principle that in general an unsuccessful party in constitutional litigation against the State ought not to be ordered to pay…

Applied for the normal rule that there is no order as to costs in constitutional litigation against an organ of state

Cited at para 28 for the principle regarding costs where a party successfully vindicates their rights.

Cited for the principle governing costs awards where applicants have been successful in vindicating their rights.

Applied to justify no costs order against the unsuccessful applicant on the basis that a constitutional issue was raised, the application was genuine and not…

Applied to the constitutional challenge costs determination, holding that an unsuccessful litigant in constitutional litigation should ordinarily not be…

Court applies the principle that in litigation between government and a private entity seeking to assert a constitutional right, ordinarily if the government…

Cited for the principle that particularly powerful reasons must exist for a court not to award costs against the state in favour of a private litigant who…

Cited for the approach to costs where a constitutional challenge, though unsuccessful, cannot be described as frivolous or inappropriate; no order as to costs…

Court cites this judgment distinguishing cases that are in reality private disputes from true constitutional matters for costs purposes.

Applied to support the general principle that in this Court an unsuccessful party ought not to be ordered to pay costs in constitutional litigation against the…

Cited to laud the role of public interest groups in litigation.

Applied for the ordinary Biowatch principles regarding costs.

Cited for the principle that the participation of public-interest groups has been vital to the development of constitutional jurisprudence, including in…

Distinguished; Biowatch principle regarding costs in constitutional litigation not applicable where private party raised no genuine constitutional arguments…

Cited for the principle that it is not generally in the interests of justice to grant leave to appeal on questions of costs only.

Applied for the general rule that the unsuccessful litigant against the state ought not to be ordered to pay costs in constitutional litigation of public…

Court distinguishes Biowatch cost principles, finding the contempt application was manifestly inappropriate and unreasonable despite relating to constitutional…

Cited for the principle that no costs order is warranted in constitutional matters in the public interest.

Cited for the principle that costs orders should pay due regard to whether litigation is undertaken to assert constitutional rights and the conduct of parties,…

Applied to award costs to the applicants who succeeded in vindicating constitutional rights against the government.

Applied for the principle that no costs order will be made against litigants acting in the public interest who do not achieve substantial success.

Cited for the principles relating to costs in constitutional cases.

Biowatch principle applied to determine whether unsuccessful constitutional litigants should be protected from paying costs to the State.

Applied to determine that no costs order will be made despite the Commission's success, following the Biowatch principle in constitutional litigation involving…

The Court applies Biowatch principles on costs in constitutional litigation to order that each party pay its own costs except as to M-Net.

Cited at paras 28, 80 for the costs principles in constitutional litigation and the rule that litigants acting in the public interest are not immunised from…

Cited to support the decision to order each party to pay its own costs in this Court where a constitutional issue of considerable import was raised.

Applied for the principle that in constitutional litigation, an applicant generally ought not be ordered to pay costs unless the proceedings are frivolous and…

Cited for the principle that in constitutional litigation, if a private party loses against the State, costs should not be granted against the private party.

Applied for the principle governing costs in litigation between the government and a private party, particularly that costs should be awarded judicially having…

Cited for the principle that a costs order should not hinder the advancement of constitutional justice when a party seeks to enforce constitutional rights.

Cited in relation to costs where a party is vindicating constitutional environmental rights.

Applied to protect applicants from adverse costs orders when litigating constitutional matters against organs of state.

Cited for the principle that in constitutional litigation the state is not afforded equal protection and benefit of the law in relation to liability for costs.

Cited for the principle that adverse costs orders have an obvious chilling effect on the enforcement of a constitutional right.

Applied for the principle that where the state has failed to fulfil its constitutional and statutory obligations and different private parties are affected,…

Considered as an argument by the appellants that costs should not be awarded if the appeal is not vexatious or frivolous, but this argument did not avail the…

Applied the general approach of not awarding costs against an unsuccessful litigant in proceedings against the State where matters of genuine constitutional…

Court considers but finds Biowatch principle inapplicable to the facts of this case, as no constitutional issues were implicated.

Applied to determine that the general rule in constitutional litigation between the State and a private party is that an unsuccessful private party is not…

Court applied the Biowatch principle in deciding not to make any order of costs in this appeal.

Applied to establish the principle that in constitutional litigation an unsuccessful private litigant against the State ordinarily ought not to be ordered to…

Court applied the Biowatch principle to order no costs against the respondent raising important constitutional issues, despite the interlocutory application…

Applied extensively for the principle (the Biowatch principle) that in constitutional litigation, an unsuccessful litigant in proceedings against the state…

Distinguished on costs; the applicant argued that the Biowatch principle should apply but the court disagreed and instead decided costs on the basis of the…

Applied for the principles on when a genuine constitutional matter is raised and on the nature of proceedings relevant to costs awards.

Distinguished as an exceptional case that challenged the correct legal position for costs in constitutional litigation, not applicable to the facts of this…

Distinguished on the basis that this case did not raise constitutional issues in a way that would warrant application of the Biowatch principles relating to…

Cited by the applicant in support of the argument that the adverse costs order must be set aside.

Cited on the law relating to costs.