Tasmanian Conservation Trust v Minister for Environment and Heritage [2004] FCA 883

Tasmanian Conservation Trust v Minister for Environment and Heritage [2004] FCA 883

The applicant and respondents acted reasonably throughout, and as the proceedings became futile after the revocation of approval conditions by the Minister, it is appropriate to grant leave to discontinue with no order as to costs.

Jurisdiction
Australia
Judgment Date
07 July 2004
Procedural Posture
Judicial Review / Application for Leave to Discontinue Before Final Hearing
Outcome
Leave to discontinue granted; no order as to costs
Legal Topics
['leave to Discontinue' 'costs Discretion' 'principles for Discontinuance' 'impact of Changed Factual Circumstances']
['administrative Law'] ['leave to Discontinue' 'costs Discretion' 'principles for Discontinuance' 'impact of Changed Factual Circumstances']

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Procedural Posture

Judicial Review / Application for Leave to Discontinue Before Final Hearing

Legal Issues

  1. 1 ['Whether leave to discontinue should be granted and on what terms' 'Whether any order as to costs should be made on discontinuance']

Ratio Decidendi

The applicant and respondents acted reasonably throughout, and as the proceedings became futile after the revocation of approval conditions by the Minister, it is appropriate to grant leave to discontinue with no order as to costs.

Court Disposition

Leave to discontinue granted; no order as to costs

Orders

  • ['The applicant is granted leave to discontinue with such discontinuance to be a defence to any proceedings under the Administrative Decisions (Judicial Review) Act 1977 (Cth) or otherwise for the same or substantially the same cause of action as these proceedings.' 'There be no order as to costs.']