Donnelly and Anor v Ross Mining NL and Ors No. 2 (costs) [2002] NSWLEC 116

Donnelly and Anor v Ross Mining NL and Ors No. 2 (costs) [2002] NSWLEC 116

Although the respondents were successful, the circumstances, including lack of cooperation, applicants’ genuine belief in their claim, absence of independent verification, and applicants' self-representation, justified no order as to costs.

Jurisdiction
Australia
Judgment Date
04 June 2002
Procedural Posture
Costs Application / Post Judgment (costs Determination)
Outcome
Notice of motion for costs dismissed; no order as to costs.
Legal Topics
['costs' 'contempt of Court']
['environmental Law' 'civil Procedure'] ['costs' 'contempt of Court']

Case Brief

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Procedural Posture

Costs Application / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Whether the respondents should be awarded costs following the dismissal of contempt proceedings instituted by the applicants.']

Ratio Decidendi

Although the respondents were successful, the circumstances, including lack of cooperation, applicants’ genuine belief in their claim, absence of independent verification, and applicants' self-representation, justified no order as to costs.

Court Disposition

Notice of motion for costs dismissed; no order as to costs.

Orders

  • ["The respondents' application for costs is dismissed."]