Moolarben Coal Mines Pty Ltd v Director-General of the (former) Department of Industry and Investment NSW (Agriculture Division) & Ulan Coal Mines [2011] NSWLEC 231

Moolarben Coal Mines Pty Ltd v Director-General of the (former) Department of Industry and Investment NSW (Agriculture Division) & Ulan Coal Mines [2011] NSWLEC 231

The application to re-open the judgment to reconsider costs was dismissed because no approach was made prior to the judgment for a different costs order, and the circumstances did not justify departing from the usual rule that costs follow the event.

Jurisdiction
Australia
Judgment Date
29 November 2011
Procedural Posture
Interlocutory Application / Application to Re Open Judgment and Vary Costs Order
Outcome
Application dismissed with costs.
Legal Topics
['costs' 're Opening Judgment' 'exercise of Discretion in Costs']
['civil Procedure'] ['costs' 're Opening Judgment' 'exercise of Discretion in Costs']

Case Brief

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Procedural Posture

Interlocutory Application / Application to Re Open Judgment and Vary Costs Order

Legal Issues

  1. 1 ['Whether the Court should re-open its judgment to reconsider the costs order' 'Whether the third respondent should be allowed to make submissions on costs after judgment']

Ratio Decidendi

The application to re-open the judgment to reconsider costs was dismissed because no approach was made prior to the judgment for a different costs order, and the circumstances did not justify departing from the usual rule that costs follow the event.

Court Disposition

Application dismissed with costs.

Orders

  • ['Application to re-open judgment dismissed with costs.']