J.S. (A minor suing by his mother and next friend E.S.) v Minister for Education; S.M.(A minor suing by his father and next friend M.M.) v Minister for Education (Approved)

                  I do not consider it relevant that the State may have previously decided to indemnify an appellant and find that to be of no binding or persuasive authority on this Court.

                  Therefore, I do not consider this application satisfies the very high threshold required for a costs order in favour of an unsuccessful applicant. However, I do consider it reaches the threshold for a no costs order having regard to the novel nature of the application made and the fact that the applicants were motivated by a concern for other people who might find themselves in a situation similar to that in which the applicants found themselves at the time these proceedings were instituted.

                  I therefore make no order as to costs.