NSW Caselaw
Land and Environment Court of New South Wales
CITATION : True Conservation Association Incorporated v The Minister administering the Threatened Species Conservation Act 1995 [2008] NSWLEC 221
APPLICANT True Conservation Association Incorporated PARTIES : RESPONDENT The Minister administering the Threatened Species Conservation Act 1995
FILE NUMBER(S) : 40210 of 2008
CORAM: Preston CJ
KEY ISSUES: Costs :- judicial review proceedings - dismissal of proceedings by consent - proceedings rendered inutile by Parliament passing legislation - no unreasonable conduct of respondent Minister - Parliament and respondent Minister's conduct not to be equated - neither applicant nor respondent would almost certainly have succeeded - proper order is that each party pay own costs
Threatened Species Conservation Act 1995 (NSW) s 126G, Pt 7 Sch 7 LEGISLATION CITED: Threatened Species Conservation (Special Provisions) Act 2008 Uniform Civil Procedure Rules 2005 Pt 42 r 42.20
Australiawide Airlines Limited v Aspirion Pty Ltd [2006] NSWCA 365 Fordyce v Fordham (2006) 67 NSWLR 497 CASES CITED: Kiama Council v Grant (2006) 143 LGERA 441 One.Tel Ltd v Commissioner of Taxation (2000) 101 FCR 548 Re Minister for Immigration and Ethnic Affairs; ex parte Lai Qin (1997) 186 CLR 622
DATES OF HEARING: 29 July 2008
EX TEMPORE JUDGMENT DATE : 29 July 2008
APPLICANT Mr G R Kennett (barrister) SOLICITORS Environmental Defenders' Office LEGAL REPRESENTATIVES: RESPONDENT Ms A M Seward (barrister) SOLICITORS Department of Environment and Climate Change
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