Environment Council of Central Queensland Inc v Minister for the Environment and Water (No 2) [2024] FCAFC 97

Environment Council of Central Queensland Inc v Minister for the Environment and Water (No 2) [2024] FCAFC 97

Given the proceedings were bona fide public interest litigation raising novel and significant issues of law regarding the Environment Protection and Biodiversity Conservation Act 1999, with no private gain for the appellant, and considering the potential chilling effect of adverse costs orders in such litigation, it was an appropriate exercise of the Court's discretion that each party bear its own costs of the appeals.

Jurisdiction
Australia
Judgment Date
17 July 2024
Procedural Posture
Appeal / Post Judgment Costs Determination After Dismissal of Appeals
Outcome
No order as to the costs of the appeals; previous first instance cost orders remain in effect.
Legal Topics
['costs in Public Interest Litigation' 'statutory Interpretation (environment Protection and Biodiversity Conservation Act 1999)' 'judicial Discretion on Costs' 'access to Justice']
['administrative Law' 'environmental Law' 'costs'] ['costs in Public Interest Litigation' 'statutory Interpretation (environment Protection and Biodiversity Conservation Act 1999)' 'judicial Discretion on Costs' 'access to Justice']

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Procedural Posture

Appeal / Post Judgment Costs Determination After Dismissal of Appeals

Legal Issues

  1. 1 ['Appropriate costs orders following dismissal of public interest appeals under the Environment Protection and Biodiversity Conservation Act 1999' 'Whether public interest nature of litigation justifies each party bearing own costs' 'Role of Minister as a respondent in environmental litigation for costs purposes']

Ratio Decidendi

Given the proceedings were bona fide public interest litigation raising novel and significant issues of law regarding the Environment Protection and Biodiversity Conservation Act 1999, with no private gain for the appellant, and considering the potential chilling effect of adverse costs orders in such litigation, it was an appropriate exercise of the Court's discretion that each party bear its own costs of the appeals.

Court Disposition

No order as to the costs of the appeals; previous first instance cost orders remain in effect.

Orders

  • ['There be no order as to the costs of the appeals in VID 885 of 2023 and VID 886 of 2023.']