South-West Forest Defence Foundation Inc v Executive Director, Department of Conservation and Land Management (WA) (No 2)

The applicants, South-West Forest Defence Foundation Inc and Bridgetown-Greenbushes Friends of the Forest Inc, sought judicial review of decisions made by the Executive Director of the Department of Conservation and Land Management concerning forest management in Western Australia. The proceedings were heard by the High Court of Australia.

The central legal issue before the High Court was whether the applicants should be ordered to pay the costs of the respondents in these public interest litigation matters. This involved considering the principles governing the award of costs in such cases, particularly where the litigation concerns environmental protection and the public interest.

The High Court determined that, in these specific applications, the applicants were to pay the respondents' costs. This outcome reflects the court's assessment of the circumstances of the litigation and the general rule that the unsuccessful party in litigation is typically ordered to bear the costs of the successful party, even in matters of public interest, unless specific exceptions apply.