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

FEDERAL COURT OF AUSTRALIA

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

Parties: NORTHERN INLAND COUNCIL FOR THE ENVIRONMENT INC v MINISTER FOR THE ENVIRONMENT and ASTON COAL 2 PTY LIMITED (ACN 139 472 567)

File number: NSD 1404 of 2013

Judge: COWDROY J

Date of judgment: 12 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: Bat Advocacy NSW Inc v Minister for Environment, Protection, Heritage and the Arts (No 2) (2011) 280 ALR 91 Blue Wedges Inc v Minister for the Environment, Heritage and the Arts (2008) 165 FCR 211 Buzzacott v Minister for Sustainability, Environment, Water, Population and Communities (No 3) [2012] FCA 744 Lawyers Forests Inc v Minister for Environment, Heritage and the Arts (No 2) [2009] FCA 466 Oshlack v Richmond River Council (1998) 193 CLR 72 Physical Disability Council of NSW v Sydney City Council [1999] FCA 815 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 Save the Ridge Inc v The Commonwealth (2006) 230 ALR 411 Save the Showground for Sydney Inc v Minister for Urban Affairs and Planning (1998) 105 LGERA 254 The Wilderness Society Inc v Turnbull, Minister for the Environment and Water Resources (2007) 98 ALD 651