Martin & Ors v Hume Coal Pty Ltd (No. 2) [2015] NSWLEC 1550

Martin & Ors v Hume Coal Pty Ltd (No. 2) [2015] NSWLEC 1550

Section 152(1) of the Mining Act does not apply to proceedings in the Land and Environment Court under s 31(5); instead, the Court has discretion to order costs under the Civil Procedure Act and Uniform Civil Procedure Rules, and given the plaintiffs were unsuccessful, there is no basis to depart from the general...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 December 2015
Procedural Posture
Costs Application / Post Judgment Application to Set Aside Costs Order
Outcome
Plaintiffs' application to set aside the costs order is dismissed; costs orders against plaintiffs affirmed.
Legal Topics
['costs Orders in Mining Disputes' 'interpretation of Mining Act 1992 (nsw) S31 and S152' 'interaction Between Mining Act and Civil Procedure Act on Costs']
['mining Law' 'civil Procedure' 'costs'] ['costs Orders in Mining Disputes' 'interpretation of Mining Act 1992 (nsw) S31 and S152' 'interaction Between Mining Act and Civil Procedure Act on Costs']

Source-derived case record

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Procedural Posture

Costs Application / Post Judgment Application to Set Aside Costs Order

Legal Issues

  1. 1 ['Whether s 152(1) of the Mining Act 1992 (NSW) requires parties to bear their own costs in proceedings before the Land and Environment Court under s 31(5)' "Whether the Court's usual discretion under s 98 of the Civil Procedure Act 2005 (NSW) to order costs is displaced by Mining Act provisions in these circumstances"]

Ratio Decidendi

Section 152(1) of the Mining Act does not apply to proceedings in the Land and Environment Court under s 31(5); instead, the Court has discretion to order costs under the Civil Procedure Act and Uniform Civil Procedure Rules, and given the plaintiffs were unsuccessful, there is no basis to depart from the general rule that costs follow the event.

Court Disposition

Plaintiffs' application to set aside the costs order is dismissed; costs orders against plaintiffs affirmed.

Orders

  • ["Dismiss the plaintiffs' application to set aside the order for costs made on 13 November 2015." 'The costs order made on 13 November 2015 is affirmed.' "The plaintiffs are to pay the defendant's costs of this application."]