Lansen v Minister for the Environment and Heritage (No 3) 2008 FCA 1367

FEDERAL COURT OF AUSTRALIA

Lansen v Minister for the Environment and Heritage (No 3) 2008 FCA 1367

COSTS – whether costs should be awarded against a non-party – role of Northern Land Council – costs order sought against non-party refused COSTS – public interest – whether costs order should be made in favour of successful respondents – applicants claim to have pursued litigation in public interest COSTS – costs of issues

Federal Court of Australia Act 1976 (Cth) Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) Native Title Act 1993 (Cth) Supreme Court Act 1970 (NSW) Environment Assessment Act 1982 (NT) Mining Management Act 2001 (NT) McArthur River Project Amendment (Ratification of Mining Authorities) Bill 2007 (NT) Environmental Protection and Biodiversity Conservation Act 1999 (Cth) Mining Management Act 2001 (NT)

Lansen v Commonwealth Minister for Environment and Heritage [2008] FCA 903 Lansen v Commonwealth Minister for Environment and Heritage (No 2) [2008] FCA 909 Knight v FP Special Assets Ltd (1992) 174 CLR 178 Gore v Justice Corporation Pty Ltd (2002) 119 FCR 429 Manton International Pty Ltd (in liquidation) v Deputy Commissioner of Taxation [2006] FCAFC 76 Caboolture Park Shopping Centre Pty Ltd (in liquidation) v White Industries Qld Pty Ltd (1993) 45 FCR 224 FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 340 Applicant NAGM of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2002) 125 FCR 488 Northern Land Council v Commissioner of Taxes (2002) 171 FLR 255 Cummings v Lewis (1993) 41 FCR 559 at 600; Ruddock v Vardarlis (No 2) (2001) 115 FCR 229 Wilderness Society Inc v Minister for Environment and Water Resources [2008] FCAFC 19 Environment Protection and Biodiversity Conservation Act 1999 (Cth) The Wilderness Society Inc v Turnbull, Minister for the Environment and Water Resources [2007] FCA 1863, (2007) 98 ALD 651 Australian Conservation Foundation v Forestry Commission (1988) 81 ALR 166 Friends of Hinchinbrook Society Inc v Minister for the Environment (No 5) (1998) 84 FCR 186 Oshlack v Richmond River Council (1998) 193 CLR 72 Oshlack v Richmond River Shire Council (1994) 82 LGERA 236 Richmond River Council v Oshlack (1996) 39 NSWLR 622 Buddhist Society of Western Australia (Inc) v Shire of Serpentine-Jarrahdale [1999] WASCA 55 McArthur River Mining Pty Ltd v Lansen [2007] NTCA 5 Cretazzo v Lombardi (1975) 13 SASR 4 Cretazzo v Lombardi (1975) 13 SASR 4 Keddie v Foxall [1955] VR 320 Verna Trading Pty ltd v New India Assurance Co Ltd [1999] 1 VR 129 HARRY LANSEN, PETER ELLIS, JERRY ANDERSON, DEREK ANDERSON, GORDON LANSEN, RONNY RAGGETT, NANCY KUNOTH, BILL DODD, ROGER WILSON, SWEENY SWANSON, BRUCE JOY AND BILLY COOLIBAH ON BEHALF OF THE KURDANJI PEOPLE (IN THEIR CAPACITY AS REGISTERED NATIVE TITLE CLAIMANTS IN FEDERAL COURT PROCEEDINGS NTD 6020/98), LES HOGAN ON BEHALF OF THE GARAWA AND GURDANJI PEOPLE (IN HIS CAPACITY AS REGISTERED NATIVE TITLE CLAIMANT IN FEDERAL COURT PROCEEDINGS NTD 6020/00), ANNIE ISAAC AND DINAH NORMAN ON BEHALF OF THE RRUMBURRIYA PEOPLE (IN THEIR CAPACITY AS REGISTERED NATIVE TITLE CLAIMANTS IN FEDERAL COURT PROCEEDINGS NTD 6014/00), WENDY ROPER, GORDON LANSEN, PHILLIP TIMOTHY, GRAHAM FRIDAY, MAVIS TIMOTHY ON BEHALF OF THE RRUMBURRIYA BORROLOOLA GROUP (IN THEIR CAPACITY AS REGISTERED NATIVE TITLE CLAIMANTS IN FEDERAL COURT PROCEEDINGS NTD 6003/03), ANNIE ISAAC ON BEHALF OF THE RRUMBURRIYA PEOPLE (IN HER CAPACITY AS REGISTERED NATIVE TITLE CLAIMANT IN FEDERAL COURT PROCEEDINGS NTD 6047/01), LEONARD NORMAN, WAILO MCKINNON, ELIZABETH MCCRACKEN, PHILLIP TIMOTHY, NORMA TIMOTHY, ROY HAMMER, GRAHAM FRIDAY, MAVIS TIMOTHY ON BEHALF OF THE ANTHAWIRRIYARRA PEOPLE (IN THEIR CAPACITY AS REGISTERED NATIVE TITLE CLAIMANTS IN FEDERAL COURT PROCEEDINGS NTD 6024/98) and BILLY COOLIBAH, GORDON LANSEN AND ROY DIXON ON BEHALF OF GURDANJI AND GARAWA PEOPLE (IN THEIR CAPACITY AS REGISTERED NATIVE TITLE CLAIMANTS IN FEDERAL COURT PROCEEDINGS NTD 6031/00) v COMMONWEALTH MINISTER FOR ENVIRONMENT AND HERITAGE and MCARTHUR RIVER MINING PTY LTD