National Parks Association of NSW Inc v Minister for Environment and Heritage [2023] NSWLEC 80

Land and Environment Court New South Wales

Medium Neutral Citation: National Parks Association of NSW Inc v Minister for Environment and Heritage [2023] NSWLEC 80 Hearing dates: 04 May 2023 Date of orders: 04 May 2023 Decision date: 04 May 2023 Jurisdiction: Class 4 Before: Robson J Decision: See orders at [24] and [25] Catchwords: COSTS — Application for protective costs order limiting costs recoverable by either party — Judicial review of a decision to adopt an amendment to a provision of a national park management plan — Factors to consider in making protective costs order — Whether litigation brought in the public interest — Protective costs order made Legislation Cited: National Parks and Wildlife Act 1974 (NSW), ss 72AA, 73B Uniform Civil Procedure Rules 2005 (NSW), r 42.2 Cases Cited: Blue Mountains Conservation Society Inc v Delta Electricity [2009] NSWLEC 150; (2009) 170 LGERA 1 Delta Electricity v Blue Mountains Conservation Society Inc [2010] NSWCA 263; (2010) 176 LGERA 424 Nerringillah Community Association Inc v Laundry Number Pty Ltd [2018] NSWLEC 157; (2018) 236 LGERA 102 Texts Cited: Kosciuszko National Park Plan of Management 2006, s 12.6 Category: Costs Parties: National Parks Association of NSW Inc (ABN 67 694 961 955) (Applicant) Minister for Environment and Heritage (Respondent) Representation: Counsel: M R Hall SC (Applicant) I J King (Respondent)

Solicitors: Storey & Gough Lawyers (Applicant) Department of Planning and Environment (Respondent) File Number(s): 2023/00058705 Publication restriction: Nil