Johnston v The Greens NSW [2020] NSWCA 357

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Johnston v The Greens NSW [2020] NSWCA 357 Hearing dates: 7 December 2020 Decision date: 24 December 2020 Before: Meagher JA; Brereton JA Decision: (1) Extend the time for the applicant to file his summons seeking leave to appeal to 9 June 2020. (2) Dismiss the summons and amended summons. (3) Dismiss the notice of motion filed 1 December 2020. (4) Applicant to pay the fourth and fifth respondents' costs of the summons and amended summons, assessed on the basis that only one set of costs may be recovered. Catchwords: APPEALS – leave to appeal – utility – where substantive dispute concerns Greens list of nominees for election already held – whether any utility in considering whether list of nominees determined consistently with party constitution – whether dispute likely to recur – whether any errors sufficiently arguable to justify leave COSTS – party/party – exceptions to general rule that costs follow the event – public interest – where proceedings had a "public interest" element – whether arguable error in primary judge declining to make no order as to costs COSTS – party/party – multiple parties – whether arguable error in allowing multiple sets of costs to defendants with similar interests Legislation Cited: Associations Incorporation Act, s 26(1) Cases Cited: Cameron v Hogan (1934) 51 CLR 358; [1934] HCA 24 People for the Plains Incorporated v Santos NSW (Eastern) Pty Ltd (No 2) [2017] NSWCA 157 Racing NSW v Fletcher (No 2) [2020] NSWCA 67 Re Day (No 2) (2017) 263 CLR 201; [2017] HCA 14 The Age Company Ltd v Liu (2013) 82 NSWLR 268; [2013] NSWCA 26 Category: Principal judgment Parties: Daryl Lindsay Johnston (Applicant) The Greens NSW Incorporated (First Respondent) Christopher Maltby (Second Respondent) Amalina Wallace (Third Respondent) David Shoebridge (Fourth Respondent) Abigail Boyd (Fifth Respondent) Dawn Walker (Sixth Respondent) Riki Scanlan (Seventh Respondent) David Mallard (Eighth Respondent) Christopher David Harris (Ninth Respondent) Representation: Counsel: Applicant self-represented A Mitchelmore SC (Fourth and Fifth Respondents)