South-West Forest Defence Foundation Inc v Executive Director, Department of Conservation & Land Management [No 2] [1998] HCA 35

High Court of Australia Gaudron, McHugh, Kirby, Hayne and Callinan JJ South-West Forest Defence Foundation Inc v Executive Director, Department of Conservation & Land Management [No 2] (P31/1997) [1998] HCA 35

ORDER Applicants to pay the respondents' costs

Judgment reserved

20 May 1998 Gaudron, McHugh, Hayne and Callinan JJ.

1. Pursuant to leave reserved at the end of the hearing, the applicants filed written submissions contending that notwithstanding the dismissal of their applications for special leave, the respondents should not have a general order for costs. Rather, so the applicants submitted, the court should order the applicants to pay the respondents' costs of the special leave hearing on 8 December 1997 but that otherwise each party should bear its own costs. It was submitted that such an order should be made because the proceedings are "of a public interest character, in that they seek to enforce environmental laws for the benefit of the general public and for the benefit of the endangered species of flora and fauna in the forest areas in question" and because if the Court had refused leave when the matter first came on for hearing on 8 December 1997 no further costs would have been incurred.

2. Notwithstanding these considerations, the costs of these applications should follow the event. Accordingly, in each case the applicant should pay the respondents' costs.

Kirby J.

3. For the reasons which I gave at the conclusion of the hearing I was of the opinion that the applicants' summonses for special leave should have continued to completion and the respondents' arguments heard in full. But I was the only member of the court of that view. Special leave to appeal was refused. At the request of the applicants, costs were reserved. Both sides have now submitted written arguments. The respondents seek their costs, having succeeded. The applicants ask for special orders as to costs.