Proposal 70 canvasses a broadening of the classes of persons permitted to be heard at
the substantive hearing to include not merely those seeking to oppose the judicial
review, but also those who wish to support it. It received general support from the
same respondents who were in favour of Proposal 69. There was, however, some
concern that intervention by numerous persons wishing to be heard might pose a costs
risk to the other side, so that the rules should limit costs recoverable to one set of costs
in any event.
It was also observed that multi-party litigation orders should
nonetheless be pursued for use in the judicial review context.
Notes
The Bar Association and a firm of solicitors.
The Hon Ms Margaret Ng and an individual respondent.