Gold And Copper Resources Pty Limited v Minister For Resources and Energy (No 2) [2013] NSWLEC 117

Gold And Copper Resources Pty Limited v Minister For Resources and Energy (No 2) [2013] NSWLEC 117

The Court exercised its discretion to award the Applicant all its costs because the issues were not dominant or separable, the Applicant obtained all relief sought, and substantial success in the proceedings justified a costs order in its favour.

Jurisdiction
Australia
Judgment Date
25 July 2013
Procedural Posture
Judicial Review / Post Judgment (costs Determination)
Outcome
Costs awarded to Applicant
Legal Topics
['costs' 'judicial Review' 'exercise of Discretion']
['administrative Law' 'mining Law' 'civil Procedure'] ['costs' 'judicial Review' 'exercise of Discretion']

Case Brief

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Procedural Posture

Judicial Review / Post Judgment (costs Determination)

Legal Issues

  1. 1 ['Should costs be awarded to the successful applicant in judicial review proceedings?' 'Is apportionment of costs appropriate where an applicant is successful on some grounds but not others?' 'Were the issues separable or dominant for the purposes of costs apportionment?']

Ratio Decidendi

The Court exercised its discretion to award the Applicant all its costs because the issues were not dominant or separable, the Applicant obtained all relief sought, and substantial success in the proceedings justified a costs order in its favour.

Court Disposition

Costs awarded to Applicant

Orders

  • ["The First and Second Respondents are to pay the Applicant's costs of the proceedings as agreed or assessed." 'Exhibits to be returned.']