Federal Court of Australia
Federal Court of Australia
Save Our Strathbogie Forest Inc v Secretary to the Department of Energy, Environment and Climate Action (No 2) [2024] FCA 430 File number(s): VID 432 of 2023
Judgment of: HORAN J
Date of judgment: 29 April 2024
Catchwords: COSTS – dismissal of proceedings under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) – whether appropriate to depart from usual rule that costs follow the event – where applicant seeks proportional reduction of respondent's costs to account for unsuccessful defences – whether appropriate to make "issues based" costs order – where no reason to reduce respondent's costs – held that costs should follow the event
Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 18(3), 475 Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Australian Conservation Foundation v Forestry Commission of Tasmania [1988] FCA 144; 81 ALR 166 BHP Billiton Iron Ore Pty Ltd v National Competition Council (No 2) [2007] FCA 557 Bob Brown Foundation Inc v Commonwealth (No 2) (2021) 286 FCR 160 City of Burnside v Attorney-General of South Australia (1994) 63 SASR 65 Clough Ltd v FCT (No 2) [2021] FCA 267 Commissioner of Taxation v Bosanac (No 2) [2022] FCAFC 5 Commissioner of the Australian Federal Police v Razzi (No 2) (1991) 30 FCR 64 Cretazzo v Lombardi (1975) 13 SASR 4 Dr Martens v Figgins Holdings (No 2) [2000] FCA 602 Griffith v Australian Broadcasting Corporation (No 2) [2011] NSWCA Les Laboratoires Servier v Apotex Pty Ltd (2016) 247 FCR 61 Mandalinic v Stone (Liquidator) (No 2) [2023] FCAFC 176 Marmax Investments Pty Ltd v RPR Maintenance Pty Ltd (No 2) [2015] FCAFC 155 Melbourne Corporation v The Commonwealth (1947) 74 CLR 31 Oshlack v Richmond River Council (1998) 193 CLR 72 Phonographic Performance Co of Australia Ltd v Copyright Tribunal of Australia [2019] FCAFC 192 PKT Technologies Pty Ltd (formerly known as Fairlight.au Pty Ltd) v Peter Vogel Instruments Pty Ltd (No 2) [2020] FCAFC 46 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 Save Our Strathbogie Forest Inc v Secretary to the Department of Energy, Environment and Climate Action [2024] FCA 317 VicForests v Friends of Leadbeater's Possum Inc (No 2) [2021] FCAFC 92
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