Your Water Your Say Inc v Minister for the Environment, Heritage and the Arts (No 2) [2008] FCA 900

Your Water Your Say Inc v Minister for the Environment, Heritage and the Arts (No 2) [2008] FCA 900

The applicant failed to raise novel or general matters of importance or any arguable merit; accordingly, public interest considerations did not justify departure from the general rule that the unsuccessful party pays costs.

Jurisdiction
Australia
Judgment Date
13 June 2008
Procedural Posture
Application for Costs Order in Environmental Litigation / Post Judgment, Costs Determination
Outcome
Application for alternative costs order refused; applicant to pay respondents' costs.
Legal Topics
['costs Orders' 'public Interest Litigation' 'standing Under EPBC Act']
['administrative Law' 'environmental Law' 'costs'] ['costs Orders' 'public Interest Litigation' 'standing Under EPBC Act']

Case Brief

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Procedural Posture

Application for Costs Order in Environmental Litigation / Post Judgment, Costs Determination

Legal Issues

  1. 1 ["Whether the applicant should pay the respondents' costs in environmental litigation despite alleged public interest." 'Whether public interest considerations warrant departure from the general rule as to costs.']

Ratio Decidendi

The applicant failed to raise novel or general matters of importance or any arguable merit; accordingly, public interest considerations did not justify departure from the general rule that the unsuccessful party pays costs.

Court Disposition

Application for alternative costs order refused; applicant to pay respondents' costs.

Orders

  • ["The applicant pay the respondents' costs to be taxed including reserved costs."]