BROWN v ENVIRONMENT PROTECTION AUTHORITY (FORMERLY STATE POLLUTION CONTROL COMMISSION) [1993] NSWCA 39

BROWN v ENVIRONMENT PROTECTION AUTHORITY (FORMERLY STATE POLLUTION CONTROL COMMISSION) [1993] NSWCA 39

Special circumstances such as the applicant's impecuniosity were not sufficient to order security for costs where the appeal was of significant public importance and there was no evidentiary basis to conclude Mr Brown was acting for others; balancing all factors, discretion was exercised to refuse the order.

Parties
Applicant: A.J. Brown; Respondent: Environment Protection Authority (formerly State Pollution Control Commission); Respondent: North Broken Hill Limited trading as Associated Pulp and Paper Mills (APPM)
Jurisdiction
Australia
Judgment Date
01 April 1993
Procedural Posture
Application / Appeal, Interlocutory Motion for Security for Costs and Expedition
Outcome
application for security for costs dismissed; application for expedition granted
Legal Topics
Security for Costs, Expedition of Appeal, Statutory Powers, Public Interest Litigation
Civil Procedure Environmental Law Security for Costs Expedition of Appeal Statutory Powers Public Interest Litigation

Case Brief

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Parties

A.J. Brown

Applicant

Environment Protection Authority (formerly State Pollution Control Commission)

Respondent

North Broken Hill Limited trading as Associated Pulp and Paper Mills (APPM)

Respondent

Procedural Posture

Application / Appeal, Interlocutory Motion for Security for Costs and Expedition

Legal Issues

  1. 1 Whether special circumstances exist to justify ordering security for costs in the appeal.
  2. 2 Whether Mr Brown is acting on behalf of others such that security for costs should be ordered.
  3. 3 Whether public interest and the importance of the subject matter warrant refusal of security for costs.

Ratio Decidendi

Special circumstances such as the applicant's impecuniosity were not sufficient to order security for costs where the appeal was of significant public importance and there was no evidentiary basis to conclude Mr Brown was acting for others; balancing all factors, discretion was exercised to refuse the order.

Court Disposition

application for security for costs dismissed; application for expedition granted

Orders

  • Application for security for costs dismissed with costs.
  • No order for costs of the EPA.