Sino Iron Pty Ltd v Secretary of the Department of Infrastructure and Transport (No 2) [2014] FCA 145

Sino Iron Pty Ltd v Secretary of the Department of Infrastructure and Transport (No 2) [2014] FCA 145

Mineralogy's request for costs of three counsel and an uplifted senior counsel allowance was rejected because the proceedings were typical judicial review proceedings and no special circumstances justified special costs orders. The Secretary was ordered to pay Mineralogy's costs because he did not merely submit or provide limited assistance; he advanced substantive arguments repudiating his delegate's decision, complicated the proceedings, acted as a protagonist, and his contentions were unsuccessful.

Jurisdiction
Australia
Judgment Date
28 February 2014
Procedural Posture
Judicial Review Proceedings and Injunction Proceedings / Costs Orders Following Substantive Reasons, Determined on Written Submissions
Outcome
Special costs orders refused; costs ordered in accordance with the preliminary view, with set-off between the related proceedings; the Secretary ordered to pay Mineralogy's costs of the judicial review proceedings.
Legal Topics
['costs Following Judicial Review Proceedings' 'special Costs Orders' 'taxation of Costs' 'role of Decision Maker in Judicial Review Proceedings' 'set Off of Costs Orders']
['administrative Law' 'civil Procedure' 'costs'] ['costs Following Judicial Review Proceedings' 'special Costs Orders' 'taxation of Costs' 'role of Decision Maker in Judicial Review Proceedings' 'set Off of Costs Orders']

Case Brief

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Procedural Posture

Judicial Review Proceedings and Injunction Proceedings / Costs Orders Following Substantive Reasons, Determined on Written Submissions

Legal Issues

  1. 1 ['Whether Mineralogy should receive costs of three counsel and an uplift of the scale allowance for senior counsel to $8,800 per day.' "Whether the Secretary should be ordered to pay Mineralogy's costs of the judicial review proceedings." 'Whether any costs liability should be set off against costs liability in the related injunction proceedings.']

Ratio Decidendi

Mineralogy's request for costs of three counsel and an uplifted senior counsel allowance was rejected because the proceedings were typical judicial review proceedings and no special circumstances justified special costs orders. The Secretary was ordered to pay Mineralogy's costs because he did not merely submit or provide limited assistance; he advanced substantive arguments repudiating his delegate's decision, complicated the proceedings, acted as a protagonist, and his contentions were unsuccessful.

Court Disposition

Special costs orders refused; costs ordered in accordance with the preliminary view, with set-off between the related proceedings; the Secretary ordered to pay Mineralogy's costs of the judicial review proceedings.

Orders

  • ["In WAD 234 of 2013, the applicants and first respondent pay the second respondent's costs as agreed or taxed." "In WAD 234 of 2013, the second respondent's entitlement to costs under Order 1 be set off against its liability to the applicants (as respondents) under Order 1 made today in proceedings WAD 293 of...