Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts (No 2) [2011] FCAFC 84

FEDERAL COURT OF AUSTRALIA

Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts (No 2) [2011] FCAFC 84 Citation: Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts (No 2) [2011] FCAFC 84

Appeal from: Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts [2011] FCA 113

Parties: BAT ADVOCACY NSW INC v MINISTER FOR ENVIRONMENT PROTECTION, HERITAGE AND THE ARTS and ROYAL BOTANIC GARDENS AND DOMAIN TRUST

File number: NSD 262 of 2011

Judges: EMMETT, MCKERRACHER AND FOSTER JJ

Date of judgment: 7 July 2011

Catchwords: COSTS – discretion to award – public interest litigation – whether parties claiming to have pursued litigation in the public interest should be allowed to depart from the ordinary costs rules – whether there has been a novel question of general importance – whether court should exercise its discretion to award a limited portion of costs

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13 Associations Incorporation Act 1984 (NSW) Environment Protection and Biodiversity Conservation Act 1999 (Cth) s 136

Cases cited: Australian Conservation Foundation v Forestry Commission (Tas) (1988) 81 ALR 166 Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts [2011] FCAFC 59 Blue Wedges Inc v Minister for the Environment, Heritage and the Arts (2008) 165 FCR 211 Horn v Australian Electoral Commission [2008] FCA 43 Lansen v Minister for Environment and Heritage (No 3) (2008) 162 LGERA 258 Lion Laboratories Ltd v Evans [1985] QB 526 Oshlack v Richmond River Council (1998) 193 CLR 72 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 Save The Ridge Inc v Commonwealth [2005] FCA 355 Save The Ridge Inc v Commonwealth (2006) 230 ALR 411 Williams v Minister for Environment & Heritage (2004) 132 LGERA 36