Wilderness Society Inc v Hon Malcolm Turnbull, Minister for Environment and Water Resources [2008] FCAFC 19

FEDERAL COURT OF AUSTRALIA

Wilderness Society Inc v Hon Malcolm Turnbull, Minister for Environment and Water Resources [2008] FCAFC 19

PRACTICE & PROCEDURE – s 43 Federal Court of Australia Act 1976 (Cth) – discretion to award costs – circumstances justifying departure from the general rule – public interest litigation – Held: unsuccessful appellant ordered to pay a percentage of each respondent's costs. Environment Protection and Biodiversity Conservation Act 1999 (Cth) s 42 Federal Court of Australia Act 1976 (Cth) s 43 Blue Wedges Inc v Minister for the Environment, Heritage and the Arts [2008] FCA 8 – considered Oshlack v Richmond City Council (1998) 193 CLR 72 – considered Perrett v Commissioner of Superannuation (1991) 29 FCR 581 – cited Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 – considered THE WILDERNESS SOCIETY INC v HON MALCOLM TURNBULL, MINISTER FOR ENVIRONMENT AND WATER RESOURCES AND GUNNS LIMITED TAD 21 OF 2007

BRANSON, TAMBERLIN AND FINN JJ

4 MARCH 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY TAD 21 OF 2007

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: THE WILDERNESS SOCIETY INC

Appellant

AND: HON MALCOLM TURNBULL, MINISTER FOR ENVIRONMENT AND WATER RESOURCES

First Respondent

GUNNS LIMITED

Second Respondent

JUDGES: BRANSON, TAMBERLIN AND FINN JJ

DATE OF ORDER: 4 MARCH 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appellant pay 70% of the costs, including reserved costs, of the first respondent. 2. The appellant pay 40% of the costs, including reserved costs, of the second respondent Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY TAD 21 OF 2007