NSW Caselaw
170 LGERA 1 Reported Decision : [2010] ALMD 217 [2010] ALMD 212
Land and Environment Court of New South Wales
CITATION : Blue Mountains Conservation Society Inc v Delta Electricity [2009] NSWLEC 150
PLAINTIFF PARTIES : Blue Mountains Conservation Society Inc DEFENDANT Delta Electricity
FILE NUMBER(S) : 40358 of 2009
CORAM: Pain J
KEY ISSUES: COSTS :- application by plaintiff for protective costs order limiting costs recoverable by either party - civil enforcement of POEO Act in relation to discharge of waste water into river - application prior to points of defence or evidence of defendant being filed - purpose of protective costs order in public interest cases - factors to consider in making protective costs order - whether litigation public interest - protective costs order made
Civil Procedure Act 2005 s 58, 60 Civil Procedure Rules 1998 (UK) r 1,1, 3.1, 44.3 Disability Discrimination Act 1952 (Cth) Family Provisions Act 1982 LEGISLATION CITED: Federal Court Rules 1979 order 62A Land and Environment Court Rules 2007 r 4.2 Protection of the Environment Operations Act 1997 s 55, 88, 120, 252 Supreme Court Act 1981 (UK) s 51 Uniform Civil Procedure Rules 2005 r 42.4
Australian Securities and Investments Commission, in the matter of GDK Financial Solutions Pty Ltd (in liq) v GDK Financial Solutions Pty Ltd (in liq) (No 4) [2008] FCA 858 British Columbia (Minister of Forests) v Okanagan Indian Band 2003 SCC 71 at 313 N.R. 84 Corcoran v Virgin Blue Airlines Pty Ltd [2008] FCA 864 Dalton v Paull (No 2) [2007] NSWSC 803 Darlinghurst Residents' Association v Elarosa Investments Pty Ltd (No 3) (1992) 75 LGRA 214 Environment Protection Authority v Leaway Pty Ltd [2006] NSWLEC 44 Little Sisters Book & Art Emporium v Canada (Commissioner of Customs & Review Agency) 2007 SCC 2, J.E 2007–211 CASES CITED: Oshlack v Richmond River Shire Council (1994) 82 LGERA 236 Oshlack v Richmond River Council (1998) 193 CLR 72 R v Secretary of State for the Home Department ex parte Salem [1999] 2 All ER 42 R (on the application of Buglife: The Invertebrate Conservation Trust) v Thurrock Thames Gateway Development Corp [2008] EWCA Civ 1209 R (on the application of Corner House Research) v Secretary of State for Trade and Industry [2005] 4 All ER 1 Re Sherborne Estate (No 2); Vanvalen v Neaves (2005) 65 NSWLR 268 Richmond River Council v Oshlack (1996) 39 NSWLR 622 Tobin v Ezekiel [2008] NSWSC 1108 Woodlands v Permanent Trustee Co Ltd (1995) 58 FCR 139
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