Lester v Ashton Coal Pty Ltd (No 2) [2012] NSWLEC 254

Land and Environment Court New South Wales

Medium Neutral Citation: Lester v Ashton Coal Pty Ltd (No 2) [2012] NSWLEC 254 Hearing dates: 25 October 2012 Decision date: 16 November 2012 Jurisdiction: Class 4 Before: Preston CJ Decision: Orders as set out at [39] Catchwords: COSTS - unsuccessful civil enforcement proceedings - claimed statutory breaches of harming Aboriginal objects - whether litigation in public interest - unreasonable conduct of litigation by non-legally qualified agent in certain respects - whether countervailing consideration - public interest justifies departure from usual costs rule except for the respects of unreasonable conduct Legislation Cited: National Parks and Wildlife Act 1974 ss 5, 86, 90, 193 Civil Procedure Act 2005 ss 11, 98 Land and Environment Court Rules 2007 r 4.2 Uniform Civil Procedure Rules 2005 rr 1.7, 42.1 Cases Cited: Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) [2010] NSWLEC 59; (2010) 173 LGERA 280 Engadine Area Traffic Action Group Inc v Sutherland Shire Council (No 2) [2004] NSWLEC 434; (2004) 136 LGERA 365 Hastings Point Progress Association Inc v Tweed Shire Council (No 3) [2010] NSWCA 39; (2010) 172 LGERA 157 Lester v Ashton Coal Mining Operations Pty Ltd [2011] NSWLEC 155 Lester v Ashton Coal Mining Operations Pty Ltd (No 2) [2011] NSWLEC 177 Lester v Ashton Coal Pty Limited [2012] NSWLEC 181 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 South West Forest Defence Foundation Inc v Executive Director, Department of Conservation and Land Management (WA) (No 2) [1998] HCA 35; (1998) 72 ALJR 1008; 101 LGERA 114 Category: Principal judgment Parties: Robert Lester (Applicant) Ashton Coal Operations Pty Ltd (First Respondent) Chief Executive, Office of Environment and Heritage (Second Respondent) Representation: Ms B K Nolan (Barrister) (Applicant) Mr A E Galasso SC (First Respondent) Mr E Bateman (Solicitor) (Second Respondent) Environmental Defender's Office (Applicant) File Number(s): 40628 of 2011