Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Save Beeliar Wetlands (Inc) v Commissioner of Main Roads (No 2) [2017] FCA 88 File number(s): WAD 601 of 2016
Judge(s): SIOPIS J
Date of judgment: 10 February 2017
Catchwords: COSTS – interlocutory injunction – public interest litigation – applicant failed to establish that there was a serious question to be tried – whether the unsuccessful applicant should pay the respondents' costs of the application for an interlocutory injunction.
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2)
Cases cited: Save Beeliar Wetlands (Inc) v Commissioner of Main Roads [2017] FCA 4 Oshlack v Richmond River Council (1998) 193 CLR 72 Topseal Concrete Services Pty Ltd v Sika Australia Pty Ltd [2008] WASC 57 (S) The State of Western Australia v Collard [2015] WASCA 86 Jacob v Save Beeliar Wetlands (Inc) [2016] WASCA 126 (S)
Date of hearing: Determined on the papers.
Date of last submissions: 17 January 2017
Registry: Western Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 25
Counsel for the Applicant: Mr J Thomson SC and Mr T Porter
Solicitor for the Applicant: Maurice Blackburn
Counsel for the First Respondent: Mr K Pettit SC and Ms C Taggart
Solicitor for the First Respondent: State Solicitor's Office
Counsel for the Second Respondent: The Second Respondent did not appear.
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