Save the Ridge Inc v Commonwealth of Australia [2005] FCA 157

Save the Ridge Inc v Commonwealth of Australia [2005] FCA 157

The Court declined to reserve costs because doing so would unnecessarily incur additional costs, and held that neither Oshlack nor the applicant's statutory standing justified departing from the ordinary rule that costs follow the event. The proceeding was therefore dismissed with costs.

Jurisdiction
Australia
Judgment Date
20 January 2005
Procedural Posture
Costs; Public Interest Litigation / Costs Determination Following Dismissal of the Proceeding
Outcome
Proceeding dismissed with costs.
Legal Topics
['public Interest Litigation' 'costs Follow the Event' 'security for Costs' 'statutory Standing']
['civil Procedure' 'costs'] ['public Interest Litigation' 'costs Follow the Event' 'security for Costs' 'statutory Standing']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs; Public Interest Litigation / Costs Determination Following Dismissal of the Proceeding

Legal Issues

  1. 1 ['Whether no order for costs should be made because the proceeding was said to involve public interest litigation.' 'Whether the question of costs should be reserved and dealt with by written submissions.']

Ratio Decidendi

The Court declined to reserve costs because doing so would unnecessarily incur additional costs, and held that neither Oshlack nor the applicant's statutory standing justified departing from the ordinary rule that costs follow the event. The proceeding was therefore dismissed with costs.

Court Disposition

Proceeding dismissed with costs.

Orders

  • ['The proceeding is dismissed with costs.']