Anderson on behalf of Numbahjing Clan within the Bundjalung Nation v Director-General of the Department of Environment and Climate Change & Anor [2008] NSWLEC 299

Anderson on behalf of Numbahjing Clan within the Bundjalung Nation v Director-General of the Department of Environment and Climate Change & Anor [2008] NSWLEC 299

Although the proceedings were accepted as having been brought in the public interest, r 4.2 of the Land and Environment Court Rules 2007 did not alter the position that public interest is only one factor in the costs discretion. No special circumstance justified departure from the ordinary rule: the proceedings involved application of settled administrative law principles, the applicants' factual case was not strong, and the Aboriginal community was divided. The unsuccessful applicants were therefore ordered to pay the successful respondents' costs.

Jurisdiction
Australia
Judgment Date
10 October 2008
Procedural Posture
Costs in Proceedings for Declaratory and Consequential Relief Challenging a Permit and Consent Under the National Parks and Wildlife Act 1974 / Costs Determination After Dismissal of the Application for Relief
Outcome
Applicants ordered to pay the costs of both respondents.
Legal Topics
['costs Follow the Event' 'public Interest Litigation' 'judicial Review' 'open Standing' 'aboriginal Objects']
['environmental Law' 'administrative Law' 'civil Procedure' 'aboriginal Cultural Heritage'] ['costs Follow the Event' 'public Interest Litigation' 'judicial Review' 'open Standing' 'aboriginal Objects']

Case Brief

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Procedural Posture

Costs in Proceedings for Declaratory and Consequential Relief Challenging a Permit and Consent Under the National Parks and Wildlife Act 1974 / Costs Determination After Dismissal of the Application for Relief

Legal Issues

  1. 1 ["Whether the applicants should pay the respondents' costs after their application for relief was dismissed." 'Whether the proceedings were brought in the public interest for the purposes of r 4.2 of the Land and Environment Court Rules 2007.' 'Whether public interest litigation alone, or any special circumstances, justified departing from the usual order that costs follow the event.']

Ratio Decidendi

Although the proceedings were accepted as having been brought in the public interest, r 4.2 of the Land and Environment Court Rules 2007 did not alter the position that public interest is only one factor in the costs discretion. No special circumstance justified departure from the ordinary rule: the proceedings involved application of settled administrative law principles, the applicants' factual case was not strong, and the Aboriginal community was divided. The unsuccessful applicants were therefore ordered to pay the successful respondents' costs.

Court Disposition

Applicants ordered to pay the costs of both respondents.

Orders

  • ['The applicants are to pay the costs of the first respondent and the costs of the second respondent including the costs of this hearing on costs.']