Bathurst Regional Council v Natural Resources Access Regulator (No 2) [2022] NSWSC 1113

Because the proceedings were between public authorities regarding a matter of public importance and neither party was wholly successful, it is appropriate to depart from the general rule and make no order as to costs.

Jurisdiction: Australia
Judgment Date: 23 August 2022
Procedural Posture: Costs Application / Post Trial, Costs Determination
Outcome: Regulator's notice of motion for costs dismissed; no order as to costs
Legal Topics: ['costs' 'public Interest Litigation' 'disputes Between Public Authorities']

['civil Procedure' 'administrative Law'] ['costs' 'public Interest Litigation' 'disputes Between Public Authorities']

Case Brief

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Costs Application / Post Trial, Costs Determination

Legal Issues

1 ['Whether costs should follow the event in proceedings between public authorities' "Whether the Regulator's notice of motion for costs should be granted" 'Impact of public interest and partial success on costs order']

Ratio Decidendi

Court Disposition

Regulator's notice of motion for costs dismissed; no order as to costs

Orders

["Dismiss the Regulator's notice of motion filed on 12 July 2022" 'No order as to costs']