Australian Conservation Foundation Incorporated v Minister for the Environment and Energy (No 2) [2017] FCAFC 216

Australian Conservation Foundation Incorporated v Minister for the Environment and Energy (No 2) [2017] FCAFC 216

There is no sufficient reason to depart from the general rule that costs follow the event; public interest considerations and the appellant's motivation do not warrant a special costs order, particularly where the appellant's case was based on misconceptions of the legislation.

Parties
Appellant: Australian Conservation Foundation Incorporated; First Respondent: Minister for the Environment and Energy; Second Respondent: Adani Mining Pty Ltd ACN 145 455 205
Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Appeal / Costs Determination Following Dismissal of Appeal
Outcome
Appellant ordered to pay each respondent's costs of the appeal.
Legal Topics
Costs, Environmental Protection and Biodiversity Conservation Act, Standing, Public Interest Litigation
Administrative Law Environmental Law Judicial Review Costs Environmental Protection and Biodiversity Conservation Act Standing Public Interest Litigation

Case Brief

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Parties

Australian Conservation Foundation Incorporated

Appellant

Minister for the Environment and Energy

First Respondent

Adani Mining Pty Ltd ACN 145 455 205

Second Respondent

Procedural Posture

Appeal / Costs Determination Following Dismissal of Appeal

Legal Issues

  1. 1 Whether the appellant should be ordered to pay the costs of the appeal after dismissal
  2. 2 Whether public interest factors justify a different costs order

Ratio Decidendi

There is no sufficient reason to depart from the general rule that costs follow the event; public interest considerations and the appellant's motivation do not warrant a special costs order, particularly where the appellant's case was based on misconceptions of the legislation.

Court Disposition

Appellant ordered to pay each respondent's costs of the appeal.

Orders

  • The appellant pay each respondent's costs of the appeal.