Donnelly & Anor v Ross Mining & Ors [2001] NSWCA 229

Donnelly & Anor v Ross Mining & Ors [2001] NSWCA 229

The undertakings in this Court do not reflect such success in the proceedings as would entitle the claimants to an order for costs; interlocutory undertakings were interim accommodations and not substantive relief.

Jurisdiction
Australia
Judgment Date
27 June 2001
Procedural Posture
Appeal / Dismissal of Motion for Costs
Outcome
Motion of 11 May 2000 is dismissed with costs; no order as to other costs of the proceedings in the Court of Appeal.
Legal Topics
['costs' 'interlocutory Relief' 'development Consent' 'protection of Aboriginal Relics']
['environmental Law'] ['costs' 'interlocutory Relief' 'development Consent' 'protection of Aboriginal Relics']

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Procedural Posture

Appeal / Dismissal of Motion for Costs

Legal Issues

  1. 1 ['Entitlement to costs in the Court of Appeal' 'Breach of Environmental Planning and Assessment Act' 'Work outside designated development consent area']

Ratio Decidendi

The undertakings in this Court do not reflect such success in the proceedings as would entitle the claimants to an order for costs; interlocutory undertakings were interim accommodations and not substantive relief.

Court Disposition

Motion of 11 May 2000 is dismissed with costs; no order as to other costs of the proceedings in the Court of Appeal.

Orders

  • ['Motion 11/5/00 dismissed with costs' 'No order as to other costs of the proceedings in the Court of Appeal']