Australian Conservation Foundation Incorporated v Minister for the Environment (No 2) [2016] FCA 1095

FEDERAL COURT OF AUSTRALIA

Australian Conservation Foundation Incorporated v Minister for the Environment (No 2) [2016] FCA 1095 File number: QUD 1017 of 2015

Judge: GRIFFITHS J

Date of judgment: 8 September 2016

Catchwords: COSTS – where unsuccessful judicial review challenge to Minister's decision to approve coal mining project under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – public interest litigation – novel questions of public importance – special circumstances justifying departure from the general rule – discretion under s 43 of the Federal Court of Australia Act 1976 (Cth) - Held: unsuccessful applicant ordered to pay a percentage of each of the respondent's costs.

Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth), ss 82, 133, 136, 487(3), 527E Federal Court of Australia Act 1976 (Cth), s 43

Cases cited: Adani Mining Pty Ltd v Land Services of Coast and Country Inc [2015] QLC 48 Batt Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts (No 2) [2011] FCAFC 84; 280 ALR 91 Blue Wedges Inc v Minister for Environment, Heritage and the Arts [2008] FCA 8; 165 FCR 211 Burragubba v State of Queensland [2016] FCA 984 Buzzacott v Minister for Sustainability, Environment, Water, Population and Communities (No 3) [2012] FCA 744 Hollier v Australian Maritime Safety Authority (No 2) [1998] FCA 975 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Ruddock v Vadarlis (No 2) [2001] FCA 1865; 115 FCR 229 Save the Ridge Inc v Commonwealth [2006] FCAFC 51; 230 ALR 411 Wilderness Society Inc v Minister for Environment and Water Resources [2008] FCAFC 19; 101 ALD 1