Save the Ridge Inc v Commonwealth [2006] FCAFC 51

FEDERAL COURT OF AUSTRALIA

Save the Ridge Inc v Commonwealth [2006] FCAFC 51

COSTS – 'public interest' litigation - appeal unsuccessful – whether costs should follow the event

Australian Conservation Foundation v Forestry Commission (1988) 81 ALR 166 referred to Construction Forestry Mining & Energy Union v Queensland Coal & Oil Shale Mining Industry (Superannuation) Ltd [2003] FCA 1174 referred to Regina (Corner House Research) v Secretary of State for Trade and Industry [2005] 1 WLR 2600 referred to Oshlack v Richmond River Council (1998) 193 CLR 72 discussed Ruddock v Vardalis (No 2) (2001) 115 FCR 229 followed Save the Showground for Sydney Inc v Minister for Urban Affairs and Planning (1998) 105 LGERA 254 discussed K Edwards, "Costs and Public Interest Litigation After Oshlack v Richmond River Council" (1999) 21 Sydney Law Review 680 at 686-690 SAVE THE RIDGE INC (ASSOCIATION NO A03329) v COMMONWEALTH OF AUSTRALIA AND AUSTRALIAN CAPITAL TERRITORY ACD 7 OF 2005 BLACK CJ, MOORE AND EMMETT JJ SYDNEY 18 APRIL 2006

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 7 OF 2005

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SAVE THE RIDGE INC (ASSOCIATION NO A03329)

APPELLANT

AND: COMMONWEALTH OF AUSTRALIA

FIRST RESPONDENT

AUSTRALIAN CAPITAL TERRITORY

SECOND RESPONDENT

JUDGE: BLACK CJ, MOORE AND EMMETT JJ

DATE OF ORDER: 18 APRIL 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The appellant pay the first respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 7 OF 2005

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA