Elsewhere on HC there as been much gloating at the decision to pursue community members for costs incurred in defending their local environment. (You could almost hear the regrets that the 90YO involved had died and couldn't be turned out of her home!) Anyway, as seems to be something of a constant in these cases, justice has been done and the community interest served.
TR
Coal-seam gas protest court victory By MICHELLE HARRIS Sept. 12, 2013, 6:30 p.m
THE Department of Trade and Investment has lost its push for a group of Fullerton Cove residents to pay its legal costs from their unsuccessful court challenge of its approval of coal seam gas drilling in the suburb.
And in a further defeat, it has been ordered to pay the costs for the costs hearing – the legal fees the residents racked up arguing why they shouldn’t have to foot the department’s bills for the original case. See your ad here
Justice Rachel Pepper, of the Land and Environment Court, issued the order on Thursday, after having ‘‘no hesitation’’ in finding that the earlier legal action the Fullerton Cove Residents Action Group had taken against Dart Energy and the department was ‘‘in the public interest’’ although ultimately unsuccessful.
They should therefore be exempt from paying the other parties’ legal fees, she ruled.
Group public officer Justin Hamilton said residents were relieved not to be facing a hefty bill.
There were a few ‘‘tears and a bit of elation’’, he said.
The group had argued the company should have been require to undertake a full environmental impact assessment to examine cumulative impacts of the exploratory drilling, rather than only a ‘‘review of environmental impacts’’.
Justice Pepper found earlier this year the impacts of the pilot project would not be significant, and lifted an injunction against further work at the site.
But Dart Energy shelved the project, and did not show up to the Sydney court this week to pursue its legal costs.
Only the department did, prompting criticisms from opponents that the government was attempting to punish the group and send a message to other community groups considering similar action.
Delivering her judgment, Justice Pepper dismissed each of the department’s arguments as to why the group should be made to pay up.
Evidence from Mr Hamilton under cross examination by the department had reaffirmed the ‘‘genuineness and legitimacy’’ of the group in its concerns about threatened species and water impacts.
There was also ‘‘not insignificant interest’’ in the matter beyond its members, she said, citing a petition of 1611 signatures against the drilling that was tabled to State Parliament. See your ad here
She ordered the department pay the cost of the cost hearing held earlier this week, based on the group’s solicitor having approach the department to urge that they agree to each pay their own costs for proceedings that were in the public interest.
The department responded with a ‘‘blunt’’ email opposing the proposal, which was ‘‘less than helpful’’, Justice Pepper said.
