The Court of Appeal has ruled that Gemma O’Doherty and John Waters must pay legal costs as part of normal rule where the losing side should pay such costs.
This come as both Gemma O’Doherty and John Waters attempted to challenge the constitutionality of the Covid-19 laws that were introduced but were refused by the High Court.
As a result, they attempted to appeal against this decision and failed which has led to the Court of Appeal ruling that they should both pay legal costs for their unsuccessful appeal.
The three-judge court were met with opposition from Waters and O’Doherty, who stated that the normal rule of paying costs after losing should not apply in this scenario as the action was brought in the public interest raising issues of great importance.
Additionally, they argued that the respondents were not at risk of an adverse costs order against them as they appeared before the court as lay litigants.
Mr Justice Birmingham stated that in order for the normal rule to not apply, there must be an exceptional or special reason but as Mr Justice Birmingham was not persuaded by their arguments he required them to pay the state respondent’s costs.