BRIAN WALTERS SC
It won’t solve the immediate problem, but this case illustrates an important issue with the legal system that ought to be redressed. The law assumes that everyone initiates legal action in the hope of financial gain. That’s why legal costs are awarded against unsuccessful parties – it’s all part of the commercial give and take of litigation. But Bob Brown did not bring this court case with any hope of financial gain. Rather, it was in the public interest that the issues he raised be determined authoritatively by the courts, lest there be covert resentment about the untested legality of the Wielangta logging. The rule of law needs this kind of challenge to be available, and not financially prohibitive. With public interest litigation of this kind, especially a case with real merit (Bob Brown succeeded at first instance, and none of the findings of fact were disagreed with by the higher courts) it makes more sense for the public authorities called into question to bear their own costs. Read more, comment here
