Riverstone Resources Pty Ltd v Thorcran Grazing Pty Ltd as Tte

Riverstone Resources Pty Ltd sought a mining lease, which Thorcran Grazing Pty Ltd opposed. The application was ultimately abandoned by Riverstone Resources Pty Ltd. Thorcran Grazing Pty Ltd applied for costs in relation to the proceedings. The court was tasked with determining whether the costs should follow the event and if the respondent was entitled to fixed costs.

The court considered the principle that costs generally follow the event, but recognised that it was open to exercise discretion in cases where a party abandons an application. The court noted that Riverstone Resources Pty Ltd did not provide a satisfactory explanation for abandoning the application. The court inferred that Riverstone Resources Pty Ltd may have been concerned about meeting the grounds of objection, which justified awarding fixed costs in favour of Thorcran Grazing Pty Ltd. The court calculated the costs based on the legal advice, company searches, and expert costs incurred by Thorcran Grazing Pty Ltd.

The court ordered Riverstone Resources Pty Ltd to pay the costs of the hearing to Thorcran Grazing Pty Ltd. This included $2750 for legal advice, $1720 for company searches, and capped the costs of experts at $2640, including GST. This decision reinforces the principle that parties should be cautious in pursuing applications without a reasonable basis, as they may be liable for the opposing party's costs if the application is abandoned.