Federal Court of Australia
Federal Court of Australia
Environment Council of Central Queensland Inc v Minister for the Environment and Water (No 3) [2023] FCA 1532 File number(s): VID 400 of 2023 VID 401 of 2023
Judgment of: MCELWAINE J
Date of judgment: 7 December 2023
Catchwords: COSTS – application for costs following dismissal of proceedings – whether there should be a departure from the usual rule that costs follow the event due to public interest litigation – whether two sets of costs should be ordered where proponent and Minister are separately represented – Hardiman principle not applicable – costs awarded to each respondent
Cases cited: Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 Bob Brown Foundation Inc v Commonwealth of Australia (No 2) [2021] FCAFC 20; 286 FCR 160 Environment Council of Central Queensland Inc v Minister for the Environment and Water (No 2) [2023] FCA 1208 Oshlack v Richmond River Council (1998) 193 CLR 72 Peacock v Human Rights and Equal Opportunity Commission [2005] FCAFC 45
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 11
Date of last submission/s 25 October 2023 (Respondents) 9 November 2023 (Applicant)
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr E Nekvapil SC, Mr J Hartley, Ms M Narayan, Dr L Schuijers and Mr J Blaker
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