Triabunna Investments Pty Ltd v Minister for the Environment and Energy (No 2) [2018] FCA 598

Triabunna Investments Pty Ltd v Minister for the Environment and Energy (No 2) [2018] FCA 598

The appropriate order is for the First and Second Applicants to pay 85% of the First Respondent's costs incurred after 13 September 2017 and the full party and party costs of the Second Respondent; proposed variations to award Applicants costs for various procedural events were not justified, save that a reduction to 85% of the Minister's costs accounted for late provision of reasons and conduct surrounding that issue.

Jurisdiction
Australia
Judgment Date
01 May 2018
Procedural Posture
Cost Determination (post Judgment) / Post Judgment, Costs Order and Reasons
Outcome
Costs largely ordered against First and Second Applicants, with 15% reduction for Minister's costs incurred after 13 September 2017.
Legal Topics
['judicial Review' 'costs Orders' 'public Interest Litigation']
['administrative Law' 'environmental Law' 'costs'] ['judicial Review' 'costs Orders' 'public Interest Litigation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Cost Determination (post Judgment) / Post Judgment, Costs Order and Reasons

Legal Issues

  1. 1 ['Whether and to what extent costs should be payable by the unsuccessful Applicants to the Respondents following unsuccessful judicial review under ADJR Act;' 'Whether reductions or exceptions to standard party and party costs should apply based on conduct, public interest, or procedural skirmishes.']

Ratio Decidendi

The appropriate order is for the First and Second Applicants to pay 85% of the First Respondent's costs incurred after 13 September 2017 and the full party and party costs of the Second Respondent; proposed variations to award Applicants costs for various procedural events were not justified, save that a reduction to 85% of the Minister's costs accounted for late provision of reasons and conduct surrounding that issue.

Court Disposition

Costs largely ordered against First and Second Applicants, with 15% reduction for Minister's costs incurred after 13 September 2017.

Orders

  • ["The First and Second Applicants pay 85% of the First Respondent's costs incurred after 13 September 2017 on a party and party basis, to be taxed if not agreed." "The First and Second Applicants pay the Second Respondent's costs on a party and party basis, to be taxed if not agreed."]