People for the Plains Incorporated v Santos NSW (Eastern) Pty Ltd (No 2)

Case

[2017] NSWCA 157

28 June 2017


Details
AGLC Case Decision Date
People for the Plains Incorporated v Santos NSW (Eastern) Pty Ltd (No 2) [2017] NSWCA 157 [2017] NSWCA 157 28 June 2017

CaseChat Overview and Summary

People for the Plains Incorporated (the applicant) sought orders against Santos NSW (Eastern) Pty Ltd (the respondent) concerning the respondent's activities. The proceedings were heard in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the general rule that costs follow the event should be departed from. This question arose in the context of whether the proceedings could be characterised as public interest litigation, and if so, whether there were additional factors justifying a departure from the usual costs order.

The Court of Appeal considered the nature of the litigation and the applicant's role. It was determined that the proceedings did not warrant a departure from the ordinary rule regarding costs. Consequently, the Court dismissed the applicant's motion.

The final orders of the Court of Appeal were that the motion be dismissed with costs.
Details

Areas of Law

  • Civil Procedure

  • Administrative Law

Legal Concepts

  • Costs

  • Standing

  • Judicial Review