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Cumming, Hamish & Walton, Adam v Minister for Planning; Westwind Energy P/L (ACN 109 132 201) & Walton, Kellie [No 2] [2020] VSCA 231

COSTS
Victorian Court of Appeal
Judge(s): 
Tate, McLeish and Osborn JJA
Parties: 

Cumming, Hamish & Walton, Adam v Minister for Planning; Westwind Energy P/L (ACN 109 132 201) & Walton, Kellie [No 2]

Judgment Date: 
9 September 2020
Catchwords: 

COSTS - Unsuccessful appeal - Planning permit for wind farm - Appellants' motives included protection of endangered fauna - Whether departure from ordinary rule as to costs warranted - Whether departure warranted by public interest considerations - 'Public interest litigation' not a useful designation - Presence of public interest considerations does not compel costs result - Competing public interest considerations for Minister to resolve as part of permit process - Oshlack v Richmond River Council (1998) 193 CLR 72, considered - Whether departure warranted by impact of costs order on appellants - Impact on appellants alone insufficient to warrant departure - Northern Territory v Sangare (2019) 265 CLR 164, applied.

Citation: