Striderb
In environmental matters courts are a bit like family courts.
Some people are expected, and allowed, to be emotional in their approach. Judges tend to be conciliatory in their attitude to awarding costs as this can be seen as further fueling the dispute. Basically they don't want people to appeal lower court decisions for the sole purpose of chasing thier costs.
If you go further up the food chain by appealing the more hard letter law appies and more likely costs are awarded, particilary for spurious claims.
In the end it's probably not a good look if Bathurst bankrupts Forrest and Bird, so dont count on costs to Bathurst,
Cheers all.
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