Bob Brown Foundation Inc v Commonwealth of Australia (No 2) [2021] FCAFC 20 (26 February 2021) (Griffiths, Moshinsky and SC Derrington JJ)


Catchwords:


COSTS – discretion to award costs – costs of hearing and determination of separate question concerning Environment Protection and Biodiversity Conservation Act 1999 (Cth) – whether to depart from usual costs rule – consideration of “public interest litigation” – particular circumstances of the case justified departure from the usual costs rule – each party to bear its own costs