Ms Rachel Minch:

That is generally the case, because of the fact applicants are entitled to certainty about the extent of cost protection or the cost position before they proceed with their case. They want these matters resolved as a preliminary issue before the underlying challenge proceeds. What you have then is a motion, which is what occurred there, where the High Court then decides in the matter. Then there may be an appeal up to the Court of Appeal and then to the Supreme Court to seek to resolve that issue. There would then be other cases waiting behind that, which is what has happened.