Boomerang & Blueys Residents Group Inc v New South Wales Minister for the Environment, Heritage and Local Government and MidCoast Council (No 3) [2020] NSWLEC 150

Boomerang & Blueys Residents Group Inc v New South Wales Minister for the Environment, Heritage and Local Government and MidCoast Council (No 3) [2020] NSWLEC 150

Although the proceedings exhibited characteristics of public interest litigation, the primary motivation and benefit related to private and commercial interests of the applicant's members. There was insufficient 'something more' to justify departure from the general costs rule. Given the overlapping and interlinked interests and roles of the respondents, it was unreasonable for the applicant to bear two full sets of costs. Costs should be apportioned: 60% to Council and 40% to the Minister. Each party bears its own costs of the Minister's motion and the present costs motion.

Jurisdiction
Australia
Judgment Date
30 October 2020
Procedural Posture
Class 4 Judicial Review Costs Determination / Post Judgment Costs Application
Outcome
Application for special costs outcome largely dismissed, costs orders made as per reasons and orders at [129].
Legal Topics
['public Interest Litigation' 'costs Following the Event' 'allocation of Costs Among Multiple Respondents' 'standing' 'civil Procedure']
['costs' 'environmental Law' 'administrative Law'] ['public Interest Litigation' 'costs Following the Event' 'allocation of Costs Among Multiple Respondents' 'standing' 'civil Procedure']

Case Brief

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Procedural Posture

Class 4 Judicial Review Costs Determination / Post Judgment Costs Application

Legal Issues

  1. 1 ['Whether proceedings were brought in the public interest to justify a departure from the usual costs rule.' "Whether the applicant should pay more than one set of costs given the respondents' overlapping interests." 'Whether the applicant should recover costs for discrete successful interlocutory or preliminary matters.']

Ratio Decidendi

Although the proceedings exhibited characteristics of public interest litigation, the primary motivation and benefit related to private and commercial interests of the applicant's members. There was insufficient 'something more' to justify departure from the general costs rule. Given the overlapping and interlinked interests and roles of the respondents, it was unreasonable for the applicant to bear two full sets of costs. Costs should be apportioned: 60% to Council and 40% to the Minister. Each party bears its own costs of the Minister's motion and the present costs motion.

Court Disposition

Application for special costs outcome largely dismissed, costs orders made as per reasons and orders at [129].

Orders

  • ['The applicant and the Minister are to bear their own costs of the notice of motion filed 5 June 2018 heard by Sheahan J on 24 July 2018.' "Subject to Order (1), the applicant is to pay 60% of Council's costs of the proceedings." "Subject to Order (1), the applicant is to pay 40% of the Minister's costs of the...