Northern Inland Council for the Environment Inc v Minister for the Environment [2014] FCA 215

FEDERAL COURT OF AUSTRALIA

Northern Inland Council for the Environment Inc v Minister for the Environment [2014] FCA 215 Citation: Northern Inland Council for the Environment Inc v Minister for the Environment [2014] FCA 215

Parties: NORTHERN INLAND COUNCIL FOR THE ENVIRONMENT INC v MINISTER FOR THE ENVIRONMENT and BOGGABRI COAL PTY LTD (ACN 001 787 711)

File number: NSD 1403 of 2013

Judge: COWDROY J

Date of judgment: 12 March 2014

Corrigendum: 13 March 2014

Catchwords: COSTS – circumstances where the applicant was unsuccessful on the substantive application in the proceeding – whether the proceeding constitutes public interest litigation – whether the special circumstances of the proceeding justifies either no order as to costs in the proceeding or an apportionment of such costs

Legislation: Federal Court of Australia Act 1976 (Cth) s 43

Cases cited: Northern Inland Council for the Environment Inc v Minister for the Environment [2014] FCA 216

Date of hearing: Heard on the papers

Date of last submissions: 17 February 2014

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 16

Solicitor for the Applicant: Ms S Higginson of Environmental Defender's Office NSW

Counsel for the First Respondent: Ms A Mitchelmore

Solicitor for the First Respondent: HWL Ebsworth Lawyers

Solicitor for the Second Respondent: Mr P Briggs of Herbert Smith Freehills

FEDERAL COURT OF AUSTRALIA

Northern Inland Council for the Environment Inc v Minister for the Environment [2014] FCA 215

CORRIGENDUM

1. In paragraph 5 of the Reasons for Judgment, replace both references to 'Aston Coal' with the words 'Boggabri Coal'. I certify that the preceding one (1) numbered paragraph is a true copy of the Corrigendum to the Reasons for Judgment herein of the Honourable Justice Cowdroy.