Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) Pty Ltd (No 2) [2021] NSWLEC 147

Land and Environment Court New South Wales

Medium Neutral Citation: Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) Pty Ltd (No 2) [2021] NSWLEC 147 Hearing dates: 30 November 2021 Date of orders: 16 December 2021 Decision date: 16 December 2021 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court orders: (1) There be no order as to the costs of the proceedings, including the application for costs of the proceedings, with the intention that each party pay their own costs of the proceedings. Catchwords: COSTS – public interest litigation – judicial review of development consent to fossil fuel project – proceedings unsuccessful – whether proceedings brought in public interest – whether unreasonable conduct of litigation – reliance on expert evidence not used by court – no order as to costs Legislation Cited: Civil Procedure Act 2005 s 11, s 98(1) Environmental Planning and Assessment Act 1979 s 4.15 Evidence Act 1995 s 192A Land and Environment Court Rules 2007 r 4.2 Uniform Civil Procedure Rules 2005 r 42.1 State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007 cl 14 Cases Cited: Anderson (on behalf of Numbahjing Clan within Bundjalung Nation) v NSW Minister for Planning (No 2) (2008) 163 LGERA 132; [2008] NSWLEC 272 Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) (2010) 173 LGERA 280; [2010] NSWLEC 59 Engadine Area Traffic Action Group Inc v Sutherland Shire Council (No 2) (2004) 136 LGERA 365; [2004] NSWLEC 434 Hume Coal Pty Ltd v Alexander (No 4) [2013] NSWLEC 106 Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) Pty Ltd [2021] NSWLEC 24 Mullaley Gas and Pipeline Accord Inc v Santos NSW (Eastern) Pty Ltd [2021] NSWLEC 110 Muswellbrook Shire Council v Hunter Valley Energy Pty Ltd (2019) 238 LGERA 295; [2019] NSWCA 216 Muswellbrook Shire Council v Hunter Valley Energy Pty Ltd (No 4) [2019] NSWLEC 56 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11 Randren House Pty Ltd v Water Administration Ministerial Corporation (No 5) [2019] NSWLEC 63 Category: Costs Parties: Mullaley Gas and Pipeline Accord Inc (Applicant) Santos NSW (Eastern) Pty Ltd (First Respondent) Independent Planning Commissioner (Second Respondent) Representation: Counsel: Ms S Pritchard SC (Applicant) Mr R Lancaster SC with Ms C Trahanas (First Respondent) Submitting appearance (Second Respondent)