Broken Hill Cobalt Project Pty Ltd v Lord (No 2) [2023] NSWCA 17

Broken Hill Cobalt Project Pty Ltd v Lord (No 2) [2023] NSWCA 17

Given the appellants' limited success, having succeeded only on the issue of inadequate reasons and failed in substantive challenges, the appellants should pay two-thirds of the respondents' costs of the appeal.

Jurisdiction
Australia
Judgment Date
15 February 2023
Procedural Posture
Appeal / Costs Determination Following Appeal
Outcome
Appellants to pay two-thirds of respondents' costs of the appeal; no order as to appellants' costs of the appeal.
Legal Topics
['costs' 'compensation for Non Financial Losses' 'access Arrangement Under Mining Act']
['civil Procedure' 'mining'] ['costs' 'compensation for Non Financial Losses' 'access Arrangement Under Mining Act']

Case Brief

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Procedural Posture

Appeal / Costs Determination Following Appeal

Legal Issues

  1. 1 ['Appropriate costs order following mixed success on appeal' 'Effect of statutory costs scheme under Mining Act 1992 (NSW)' 'Whether costs should reflect measure of success on appeal']

Ratio Decidendi

Given the appellants' limited success, having succeeded only on the issue of inadequate reasons and failed in substantive challenges, the appellants should pay two-thirds of the respondents' costs of the appeal.

Court Disposition

Appellants to pay two-thirds of respondents' costs of the appeal; no order as to appellants' costs of the appeal.

Orders

  • ["The appellants pay two-thirds of the respondents' costs of the appeal." "There be no order as to the appellants' costs of the appeal."]