Rolleston Coal Holdings Pty Limited v The Deputy Premier, Treasurer and Minister for Aboriginal and Torres Strait Islander Partnerships (No 2)

Rolleston Coal Holdings Pty Limited brought an application against the Deputy Premier, Treasurer, and Minister for Aboriginal and Torres Strait Islander Partnerships regarding issues pertaining to mining leases and royalties. The case involved a dispute over costs incurred in interlocutory proceedings, specifically regarding an adjournment and amendments to pleadings. The primary issue before the court was whether the applicants should bear the costs associated with the adjournment of the interlocutory application and the amendments to the pleadings, as well as any costs thrown away by the respondent due to these events.

The court examined the circumstances leading to the adjournment and amendments. The applicants initially sought disclosure of documents before amending their pleadings. The respondent initially provided the requested notices but refused further disclosure, considering it a fishing expedition. Following the adjournment, the applicants amended their application to include a request for leave to amend the originating applications and the Amended Statement of Facts, Issues and Contentions (ASFIC). The court considered the principle that costs generally follow the event and the specific factors relevant to the case, such as the timing of the requests for disclosure and amendments, the respondent's refusal to provide further disclosure, and the success of the applicants in obtaining leave for certain amendments. The court concluded that the applicants should bear the costs associated with the adjournment and the amendments, including those thrown away by the respondent.

The court ordered that the applicants pay the respondent’s costs of the adjournment of the interlocutory application filed on 19 October 2021, including costs thrown away by the respondent as a consequence of the adjournment. Additionally, the applicants were required to pay the respondent’s costs thrown away as a consequence of certain orders and the costs of the amended interlocutory application filed on 5 November 2021. The court also set out further directions for the parties, including deadlines for filing amended documents and affidavits, and scheduled a further review of the proceedings.