Carriage v Stockland (Constructors) Pty Ltd and Another (Costs) [2002] NSWLEC 218

Carriage v Stockland (Constructors) Pty Ltd and Another (Costs) [2002] NSWLEC 218

The Court found there were no sufficient special circumstances to characterise the case as public interest litigation and thus determined that costs should be awarded to the successful first respondent, following the usual rule that costs follow the event.

Parties
Applicant: Allan Carriage; First Respondent: Stockland (Constructors) Pty Ltd; Second Respondent: Director-General of National Parks and Wildlife Service
Jurisdiction
Australia
Judgment Date
22 November 2002
Procedural Posture
Interlocutory Proceedings (costs Application) / Costs Order Following Dismissal of Interlocutory Applications
Outcome
Costs orders made against applicants
Legal Topics
Costs, Public Interest Litigation, Interlocutory Relief, Security for Costs
Environmental Law Civil Procedure Costs Public Interest Litigation Interlocutory Relief Security for Costs

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 2 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Allan Carriage

Applicant

Stockland (Constructors) Pty Ltd

First Respondent

Director-General of National Parks and Wildlife Service

Second Respondent

Procedural Posture

Interlocutory Proceedings (costs Application) / Costs Order Following Dismissal of Interlocutory Applications

Legal Issues

  1. 1 Whether the proceedings constitute public interest litigation to justify a departure from the ordinary costs rule
  2. 2 Whether costs should follow the event in interlocutory injunction applications
  3. 3 Whether security for costs was appropriately ordered

Ratio Decidendi

The Court found there were no sufficient special circumstances to characterise the case as public interest litigation and thus determined that costs should be awarded to the successful first respondent, following the usual rule that costs follow the event.

Court Disposition

Costs orders made against applicants

Orders

  • Wadi Wadi Coomaditchie Aboriginal Corporation is ordered to pay the costs of the first respondent in matter No. (4)0301 of 2002 up to 8 July 2002.
  • Allan Carriage is ordered to pay the costs of the first respondent in matter No. (4)0301 of 2002 from 8 July 2002 to date, excluding certain preparation costs as specified.