Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd (No 3) [2013] NSWLEC 152

Land and Environment Court New South Wales

Medium Neutral Citation: Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd (No 3) [2013] NSWLEC 152 Hearing dates: 10 September 2013 Decision date: 12 September 2013 Jurisdiction: Class 4 Before: Pepper J Decision: Each party to bear its costs of the proceedings. New South Wales Department of Trade and Investment, Regional Infrastructure and Services to pay Fullerton Cove Residents Action Group Incorporated's costs of the application. Catchwords: COSTS: unsuccessful judicial review proceedings - whether departure from usual costs rule justified - whether proceedings brought in the public interest - applicable legal principles - whether litigation properly characterised as in the "public interest" - whether there was "something more" - whether any countervailing considerations - no order as to costs. Legislation Cited: Civil Procedure Act 2005, ss 11, 98

Environmental Planning and Assessment Act 1979, Pt 4, ss 111, 112

Land and Environment Court Rules 2007, r 4.2(1)

Uniform Civil Procedure Rules 2005, rr 1.7, r 42.1, Sch 2 Cases Cited: Calderbank v Calderbank [1975] 3 All ER 333

Caroona Coal Action Group Inc v Coal Mines Australia Pty Ltd (No 3) [2010] NSWLEC 59; (2010) 173 LGERA 280

Delta Electricity v Blue Mountains Conservation Society Inc [2010] NSWCA 263; (2010) 176 LGERA 424

Dobrohotoff v Bennic (No 2) [2013] NSWLEC 139

Friends of Turramurra Inc v Minister for Planning (No 2) [2011] NSWLEC 170

Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd [2012] NSWLEC 207