Timbarra Protection Coalition Inc v Ross Mining Ltd & Ors [1999] NSWCA 335

The Court declined to vary the costs order as the grounds now advanced could and should have been raised at the proper time, either at first instance or in the notice of contention.

Jurisdiction: Australia
Judgment Date: 29 September 1999
Procedural Posture: Application to Reopen and Vary Costs Orders / Post Appeal; Costs Application
Outcome: Application dismissed with costs
Legal Topics: ['application to Reopen Costs Order' 'admissibility of Evidence' 'appellate Procedure']

['costs'] ['application to Reopen Costs Order' 'admissibility of Evidence' 'appellate Procedure']

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

Procedural Posture

Application to Reopen and Vary Costs Orders / Post Appeal; Costs Application

Legal Issues

1 ['Whether to reopen and vary costs orders made after disposal of appeal' 'Admissibility of affidavit evidence in Land and Environment Court']

Ratio Decidendi

The Court declined to vary the costs order as the grounds now advanced could and should have been raised at the proper time, either at first instance or in the notice of contention.

Court Disposition

Application dismissed with costs

Orders

['Application to reopen and vary costs orders is dismissed with costs']