ANDREW DONNELLY & DAVID MUNDINE v. TENTERFIELD SHIRE COUNCIL [1998] NSWLEC 199 (24 August 1998) [1998] NSWLEC 9

ANDREW DONNELLY & DAVID MUNDINE v. TENTERFIELD SHIRE COUNCIL [1998] NSWLEC 199 (24 August 1998) [1998] NSWLEC 9

Although the proceedings could have public interest implications, the Court was not satisfied that there were special or exceptional circumstances sufficient to depart from the conventional exercise of discretion in favour of the successful council, particularly where the proceedings had been discontinued and the rules provided that the discontinuing party should pay the other parties' costs.

Jurisdiction
Australia
Judgment Date
24 August 1998
Procedural Posture
Costs Application in Land and Environment Court Proceedings / Application by the First Respondent Council for Costs After the Proceedings Were Discontinued
Outcome
The first respondent council's application for costs was successful.
Legal Topics
['public Interest Litigation' 'costs on Discontinuance' 'standing Under the EPA Act' 'aboriginal Traditional Owners and Land']
['costs' 'environmental Planning Law' 'native Title'] ['public Interest Litigation' 'costs on Discontinuance' 'standing Under the EPA Act' 'aboriginal Traditional Owners and Land']

Case Brief

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Procedural Posture

Costs Application in Land and Environment Court Proceedings / Application by the First Respondent Council for Costs After the Proceedings Were Discontinued

Legal Issues

  1. 1 ['Whether the proceedings should be characterised as public interest litigation so as to justify denying the first respondent council its costs.' 'Whether there were special or exceptional circumstances justifying departure from the conventional costs order in favour of a successful party after discontinuance.']

Ratio Decidendi

Although the proceedings could have public interest implications, the Court was not satisfied that there were special or exceptional circumstances sufficient to depart from the conventional exercise of discretion in favour of the successful council, particularly where the proceedings had been discontinued and the rules provided that the discontinuing party should pay the other parties' costs.

Court Disposition

The first respondent council's application for costs was successful.

Orders

  • ['The applicants are ordered to pay the costs of the first respondent in respect of the whole of the proceedings.']