Blue Mountains Conservation Society Inc v Delta Electricity

COURT OR TRIBUNAL

New South Wales Land and Environment Court

DATE FILED (OR FIRST HEARING DATE)

11/06/2009

LITIGATION TYPE

Access to Justice

SUBJECT MATTER

Costs

REVIEW TYPE

Judicial review

SUMMARY

The Plaintiff commenced civil enforcement proceedings seeking declarations and orders in relation to possible breaches of s 120 of the Protection of the Environment Operations Act 1997 by the Defendant. This hearing concerned costs stemming from the above claim. The question before the court was whether decisions over cost orders could be made prior to a substantive. The court found that a protective costs order was necessary, but increased the amount from the proposed $5000 and $10,000 amounts, to one of $20,000.

An appeal against the above protective costs order. The court stayed the proceedings on the basis that the Defendant filed a defence by the end of November in light of its solicitor's evidence that particulars must be sought before doing so.

CASE DOCUMENTS

Blue Mountains Conservation Society Inc v Delta Electricity [2009] NSWLEC 150; [2009] 170 LGERA 1
Blue Mountains Conservation Society Inc v Delta Electricity (No 2) [2009] NSWLEC 193