Original language
English
Country
Australia
Date of text
Status
Unknown
Type of court
Others
Sources
Court name
Federal Court of Australia
Seat of court
Adelaide
Reference number
[2008] FCA 1367
Files
Justice(s)
Mansfield.
Abstract
Harry Lansen and a number of other native title claimants challenged the former ministers decision to approve the McArthur River Mine expansion (EPBC 2003/954). On 13 June 2008 Justice Mansfield dismissed the challenge on all grounds. But on the costs the Judge has decided that, reflecting his general assessment of the extent to which the proceeding concerned "public interest" issues and the extent to which it concerned other issues arising under the EPBC Act, in the circumstances, it would be appropriate to order the Lansen applicants to pay 35 per cent of the taxed costs of the Minister and of MRM of the proceeding. He also allowed a further reduction from the full costs of 10 per cent to reflect the outcome or particular issues, in particular that concerning the Lansen Applicants standing.