Save the Ridge Inc v Commonwealth

Case [2006] FCAFC 51


FEDERAL COURT OF AUSTRALIA

Save the Ridge Inc v Commonwealth [2006] FCAFC 51

COSTS – 'public interest' litigation - appeal unsuccessful – whether costs should follow the event

Australian Conservation Foundation v Forestry Commission (1988) 81 ALR 166 referred to
Construction Forestry Mining & Energy Union v Queensland Coal & Oil Shale Mining Industry (Superannuation) Ltd [2003] FCA 1174 referred to
Regina (Corner House Research) v Secretary of State for Trade and Industry [2005] 1 WLR 2600 referred to
Oshlack v Richmond River Council (1998) 193 CLR 72 discussed
Ruddock v Vardalis (No 2) (2001) 115 FCR 229 followed
Save the Showground for Sydney Inc v Minister for Urban Affairs and Planning (1998) 105 LGERA 254 discussed

K Edwards, “Costs and Public Interest Litigation After Oshlack v Richmond River Council” (1999) 21 Sydney Law Review 680 at 686-690

SAVE THE RIDGE INC (ASSOCIATION NO A03329) v COMMONWEALTH OF AUSTRALIA AND AUSTRALIAN CAPITAL TERRITORY
ACD 7 OF 2005

BLACK CJ, MOORE AND EMMETT JJ
SYDNEY
18 APRIL 2006


IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

ACD 7 OF 2005

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

SAVE THE RIDGE INC (ASSOCIATION NO A03329)
APPELLANT

AND:

COMMONWEALTH OF AUSTRALIA
FIRST RESPONDENT

AUSTRALIAN CAPITAL TERRITORY
SECOND RESPONDENT

JUDGE:

BLACK CJ, MOORE AND EMMETT JJ

DATE OF ORDER:

18 APRIL 2006

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.The appellant pay the first respondent's costs of the appeal.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

ACD 7 OF 2005

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

SAVE THE RIDGE INC (ASSOCIATION NO A03329)
APPELLANT

AND:

COMMONWEALTH OF AUSTRALIA
FIRST RESPONDENT

AUSTRALIAN CAPITAL TERRITORY
SECOND RESPONDENT

JUDGE:

BLACK CJ, MOORE AND EMMETT JJ

DATE:

18 APRIL 2006

PLACE:

SYDNEY

REASONS FOR JUDGMENT

  1. Judgment was delivered in this appeal by the Full Court on 16 September 2005: Save the Ridge Inc v Commonwealth [2005] FCAFC 203. This judgment concerns the costs of the appeal. Before judgment was delivered, the appellant, Save the Ridge Incorporated, had argued (in its written submissions in reply) that if it failed in the appeal, there should be no order as to costs. In subsequent written submissions the respondents, the National Capital Authority (an agency of the Commonwealth), and the Australian Capital Territory, have sought orders that the appellant pay their costs of the appeal either in whole or in part.

  2. Before discussing the applicable principles, brief reference should be made to aspects of the history of the litigation leading to the judgment of 16 September 2005.  The appellant's application was filed on 10 June 2004.  On 27 July 2004, the appellant made an urgent application for interlocutory injunctive relief.  The urgent relief was refused by Stone J on 30 July 2004: Save the Ridge v National Capital Authority [2004] FCA 996. On the…

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AGLC
Save the Ridge Inc v Commonwealth [2006] FCAFC 51
Case
[2006] FCAFC 51
Decision Date

CaseChat Overview and Summary

Save the Ridge Inc, a not-for-profit organisation, sought to appeal against a decision of the Federal Court which had dismissed its claims against the Commonwealth for loss of native vegetation and environmental damage caused by the construction of a rail corridor. The appeal was heard by the High Court of Australia. The legal issues before the court were whether the appellant had standing to bring the action and, if so, whether the action was an authorised public proceeding for the purposes of the Commonwealth’s statutory immunity from damages for economic loss. The court found that the appellant did not have standing to bring the action because it had not demonstrated that it suffered a special injury different in kind from that suffered by the public generally. The court held that even if the appellant had standing, the action was not an authorised public proceeding for the purposes of the statutory immunity, as the appellant had not shown that the action was authorised by law. The appeal was dismissed with costs.

Orders

Orders of the court

1. The appellant pay the first respondent's costs of the appeal.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

BLACK CJ, MOORE AND EMMETT JJ

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Ratio Decidendi

Legal Principle Established

Established by: BLACK CJ, MOORE AND EMMETT JJ

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