Bob Brown Foundation Inc v Minister for the Environment and Water (No 3) [2022] FCA 989

Bob Brown Foundation Inc v Minister for the Environment and Water (No 3) [2022] FCA 989

MMG Australia Limited, as the interested party, is to pay the applicant's costs of the proceeding (including interlocutory injunction costs), since the Minister's role was limited to assisting the Court and did not adopt an adversarial stance; thus, the general approach applies that no order as to costs is made against the Minister.

Parties
Applicant: Bob Brown Foundation Inc; First Respondent: Minister for the Environment and Water; Second Respondent: MMG Australia Limited
Jurisdiction
Australia
Judgment Date
24 August 2022
Procedural Posture
Judicial Review / Post Final Hearing; Costs Determination
Outcome
Second respondent to pay applicant's costs; no order as to costs for first respondent
Legal Topics
Costs, Statutory Powers and Procedures, Precautionary Principle, Interlocutory Injunction
Administrative and Constitutional Law and Human Rights Costs Statutory Powers and Procedures Precautionary Principle Interlocutory Injunction

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Parties

Bob Brown Foundation Inc

Applicant

Minister for the Environment and Water

First Respondent

MMG Australia Limited

Second Respondent

Procedural Posture

Judicial Review / Post Final Hearing; Costs Determination

Legal Issues

  1. 1 Who should bear the costs of the proceeding after applicant's success at the final hearing
  2. 2 Appropriate costs order regarding interlocutory injunction application

Ratio Decidendi

MMG Australia Limited, as the interested party, is to pay the applicant's costs of the proceeding (including interlocutory injunction costs), since the Minister's role was limited to assisting the Court and did not adopt an adversarial stance; thus, the general approach applies that no order as to costs is made against the Minister.

Court Disposition

Second respondent to pay applicant's costs; no order as to costs for first respondent

Orders

  • MMG Australia Limited pay the applicant's costs of the proceeding (including costs of interlocutory injunction) as agreed or taxed
  • No order as to costs in relation to the Minister for the Environment and Water