Wildlife Preservation Society of Queensland v Minister for Environment and Heritage

[2005] FCA 1219

FEDERAL COURT OF AUSTRALIA

Wildlife Preservation Society of Queensland v Minister for Environment & Heritage [2005] FCA 1219

WILDLIFE PRESERVATION SOCIETY OF QUEENSLAND PROSERPINE/WHITSUNDAY BRANCH INC v MINISTER FOR THE ENVIRONMENT AND HERITAGE, BOWEN CENTRAL COAL MANAGEMENT PTY LTD AND QCOAL PTY LTD

QUD 216 of 2005

DOWSETT J
19 AUGUST 2005
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD 216 OF 2005

BETWEEN:	WILDLIFE PRESERVATION SOCIETY OF QUEENSLAND PROSERPINE/WHITSUNDAY BRANCH INC APPLICANT
AND:	MINISTER FOR THE ENVIRONMENT AND HERITAGE FIRST RESPONDENT
BOWEN CENTRAL COAL MANAGEMENT PTY LTD SECOND RESPONDENT
QCOAL PTY LTD THIRD RESPONDENT
JUDGE:	DOWSETT J
DATE OF ORDER:	19 AUGUST 2005
WHERE MADE:	BRISBANE

THE COURT ORDERS THAT:

1.Bowen Central Coal Management Pty Ltd be joined as the second respondent.

2.QCoal Pty Ltd be joined as the third respondent.

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

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD 216 OF 2005

BETWEEN:	WILDLIFE PRESERVATION SOCIETY OF QUEENSLAND PROSERPINE/WHITSUNDAY BRANCH INC APPLICANT
AND:	MINISTER FOR THE ENVIRONMENT AND HERITAGE RESPONDENT
BOWEN CENTRAL COAL MANAGEMENT PTY LTD SECOND RESPONDENT
QCOAL PTY LTD THIRD RESPONDENT

JUDGE:	DOWSETT J
DATE:	19 AUGUST 2005
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. There are two notices of motion, both filed on 12 August 2005, by which Bowen Central Coal Management Pty Ltd and QCoal Pty Ltd seek to be joined as respondents.  The applicant seeks to make such joinder conditional upon its not being exposed to an order for costs in favour of those parties in the event that it fails in the proceedings.

2. In my view the question of costs is best addressed after the case has been determined.  Costs are discretionary.  At this stage it would be quite inappropriate to limit either the entitlement or the liability for costs.  I do not propose to do so.

3. There will be an order that both parties be joined.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:            2 September 2005

Counsel for the Applicant:	Mr S Keim SC Mr C McGrath
Solicitor for the Applicant:	Environmental Defenders Office of Northern Queensland Inc
Counsel for the First Respondent:	Mr M Swan
Solicitor for the First Respondent:	Australian Government Solicitor
Counsel for the Second Respondent:	Mr D J S Jackson QC
Solicitor for the First Respondent:	Allens Arthur Robinson
Counsel for the Third Respondent:	Mr D Gore QC Mr D Clothier
Solicitor for the Third Respondent:	Clayton Utz
Date of Hearing:	19 August 2005
Date of Judgment:	19 August 2005