Andrew Donnelly v Delta Gold Pty Limited and Ors. [2002] NSWLEC 44

Andrew Donnelly v Delta Gold Pty Limited and Ors. [2002] NSWLEC 44

Special circumstances—namely the public interest nature of the litigation, applicant's lack of personal gain, the elucidation of key statutory provisions, and pre-litigation conduct of respondents—justify departure from the usual rule. Each party should bear its own costs.

Jurisdiction
Australia
Judgment Date
27 March 2002
Procedural Posture
Class 4 Civil Enforcement Proceedings / Post Judgment Costs Determination
Outcome
No order as to costs (each party bear its own costs)
Legal Topics
['costs' 'public Interest Litigation' 'statutory Discretion' 'mining' 'environmental Approvals']
['environmental Law'] ['costs' 'public Interest Litigation' 'statutory Discretion' 'mining' 'environmental Approvals']

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Procedural Posture

Class 4 Civil Enforcement Proceedings / Post Judgment Costs Determination

Legal Issues

  1. 1 ['Whether special circumstances justified departure from the ordinary rule that costs follow the event in unsuccessful public interest environmental litigation']

Ratio Decidendi

Special circumstances—namely the public interest nature of the litigation, applicant's lack of personal gain, the elucidation of key statutory provisions, and pre-litigation conduct of respondents—justify departure from the usual rule. Each party should bear its own costs.

Court Disposition

No order as to costs (each party bear its own costs)

Orders

  • ['Each party bear its own costs in the proceedings.']