Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bald Hills Wind Farm Pty Ltd v Honourable Ian Campbell, Minister for Environment and Heritage [2006] FCA 848
ADMINISTRATIVE LAW – costs of application for review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – application related to respondent's failure to make decision under Environment Protection and Biodiversity Conservation Act 1999 (Cth) – where decision removed substratum of proceedings and proceedings dismissed – relevant principles for award of costs where there has been no substantive hearing on the merits – whether parties acted reasonably in commencing and defending proceedings - evidence of lack of communication between parties regarding commencement of proceedings – no order as to costs Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 cited 7-Eleven Stores Pty Ltd v Australian Competition and Consumer Commission (1998) ATPR 41622 cited Essendon Health Care Pty Ltd v Moylan (1998) 50 ALD 421 cited Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 discussed Gribbles Pathology Pty Ltd v Health Insurance Commission (1997) 80 FCR 284 cited
BALD HILLS WIND FARM PTY LTD v THE HONOURABLE IAN CAMPBELL, MINISTER FOR ENVIRONMENT AND HERITAGE
VID 87 OF 2006
YOUNG J
7 APRIL 2006
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 87 OF 2006
BETWEEN: BALD HILLS WIND FARM PTY LTD
APPLICANT
AND: THE HONOURABLE IAN CAMPBELL, MINISTER FOR ENVIRONMENT AND HERITAGE
RESPONDENT
JUDGE: YOUNG J
DATE OF ORDER: 7 APRIL 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. There be no order as to the costs of the proceedings. 2. The proceedings be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate