Phosphate Resources Ltd v Minister for the Environment Heritage and the Arts (No 3) [2008] FCA 1899

FEDERAL COURT OF AUSTRALIA

Phosphate Resources Ltd v Minister for the Environment Heritage and the Arts (No 3) [2008] FCA 1899

COSTS – s 43 of the Federal Court of Australia Act 1976 (Cth) - whether Court should depart from the ordinary rule that costs follow the result – special circumstances shown – applicant failed on issues originally argued – applicant ultimately successful on different grounds – applicant awarded only 50% of its costs Federal Court of Australia Act 1976 (Cth) s 43 Australian Pesticides and Veterinary Medicines Authority v Administrative Appeals Tribunal (No 2) [2008] FCA 1672 Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2008] FCAFC 107 Cultivaust Pty Ltd v Grain Pool Pty Ltd [2004] FCA 1568 Lowe v Mack Trucks Australia Pty Ltd (No 2) [2008] FCA 711 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 Wilderness Society Inc v Hon Malcolm Turnbull, Minister for Environment and Water Resources [2008] FCAFC 19 PHOSPHATE RESOURCES LIMITED v MINISTER FOR THE ENVIRONMENT, HERITAGE AND THE ARTS

WAD 135 of 2007

BUCHANAN J

12 DECEMBER 2008

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 135 of 2007

BETWEEN: PHOSPHATE RESOURCES LIMITED

Applicant

AND: MINISTER FOR THE ENVIRONMENT, HERITAGE AND THE ARTS

Respondent

JUDGE: BUCHANAN J

DATE OF ORDER: 12 DECEMBER 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

Excluding costs dealt with by order made on 19 March 2008, the respondent pay 50% of the applicant's costs of the proceedings, such costs to be taxed if not agreed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 135 of 2007