People for the Plains Incorporated v Santos NSW (Eastern) Pty Ltd (No 2) [2017] NSWCA 157

People for the Plains Incorporated v Santos NSW (Eastern) Pty Ltd (No 2) [2017] NSWCA 157

Even assuming the proceedings should be characterised as public interest litigation, the appellant did not establish anything warranting a departure from the general rule that costs follow the event; accordingly, the motion was dismissed with costs.

Parties
Appellant: People for the Plains Incorporated; First Respondent: Santos NSW (Eastern) Pty Ltd; Second Respondent: Santos NSW Pty Ltd; Third Respondent: Secretary, NSW Department of Industry; Fourth Respondent: EnergyAustralia Narrabri Gas Pty Ltd
Jurisdiction
Australia
Judgment Date
28 June 2017
Procedural Posture
Costs Application / Appellate, Post Judgment (costs Ruling)
Outcome
Motion dismissed with costs
Legal Topics
Public Interest Litigation, Costs Follow the Event, Departure From General Rule on Costs
Practice and Procedure Costs Public Interest Litigation Costs Follow the Event Departure From General Rule on Costs

Case Brief

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Parties

People for the Plains Incorporated

Appellant

Santos NSW (Eastern) Pty Ltd

First Respondent

Santos NSW Pty Ltd

Second Respondent

Secretary, NSW Department of Industry

Third Respondent

EnergyAustralia Narrabri Gas Pty Ltd

Fourth Respondent

Procedural Posture

Costs Application / Appellate, Post Judgment (costs Ruling)

Legal Issues

  1. 1 Whether the Court should depart from the general rule that costs follow the event
  2. 2 Whether the proceedings should be characterised as public interest litigation and, if so, whether there is 'something more' warranting departure from the general rule

Ratio Decidendi

Even assuming the proceedings should be characterised as public interest litigation, the appellant did not establish anything warranting a departure from the general rule that costs follow the event; accordingly, the motion was dismissed with costs.

Court Disposition

Motion dismissed with costs

Orders

  • Motion dismissed with costs