Rural Funds Management Limited v The Minister Administering the Water Management Act 2000 and Anor [2016] NSWLEC 94

Rural Funds Management Limited v The Minister Administering the Water Management Act 2000 and Anor [2016] NSWLEC 94

The Minister's failure to timely notify the Applicant of the decision constituted special circumstances justifying a departure from the usual rule. Accordingly, the Minister is ordered to pay the costs of both the Applicant and the Second Respondent.

Parties
Applicant: Rural Funds Management Limited; First Respondent: The Minister Administering The Water Management Act 2000; Second Respondent: Rosella Sub TC Pty Limited
Jurisdiction
Australia
Judgment Date
13 May 2016
Procedural Posture
Class 1 / Costs Application Following Dismissal of Substantive Proceedings on a Separate Question of Law
Outcome
First Respondent to pay costs of the Applicant and Second Respondent on an as agreed or assessed basis.
Legal Topics
Costs Orders, Compensatory Purpose of Costs, Apportionment of Costs, Late Notification of Decision
Costs Costs Orders Compensatory Purpose of Costs Apportionment of Costs Late Notification of Decision

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Parties

Rural Funds Management Limited

Applicant

The Minister Administering The Water Management Act 2000

First Respondent

Rosella Sub TC Pty Limited

Second Respondent

Procedural Posture

Class 1 / Costs Application Following Dismissal of Substantive Proceedings on a Separate Question of Law

Legal Issues

  1. 1 Whether special circumstances exist to justify departure from the usual order that costs follow the event
  2. 2 Whether an unsuccessful applicant can receive costs due to conduct of the first respondent

Ratio Decidendi

The Minister's failure to timely notify the Applicant of the decision constituted special circumstances justifying a departure from the usual rule. Accordingly, the Minister is ordered to pay the costs of both the Applicant and the Second Respondent.

Court Disposition

First Respondent to pay costs of the Applicant and Second Respondent on an as agreed or assessed basis.

Orders

  • The Minister as First Respondent is to meet the costs of the Applicant (Rural Funds Management Limited) on the original proceedings and on the costs application as agreed or assessed.
  • The Minister as First Respondent is to meet the costs of the Second Respondent (Rosella Sub TC Pty Limited) on the original proceedings and on the costs application as agreed or assessed.