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Blue Mountains Conservation Society Inc v Delta Electricity.

País/Territorio
Australia
Tipo de la corte
Otros
Fecha
Sep 9, 2009
Fuente
UNEP, InforMEA
Nombre del tribunal
Land and Environment Court of New South Wales
Juez
Pain.
Número de referencia
2009] NSWLEC 150
Idioma
Inglés
Materia
Agua, Cuestiones jurídicas
Palabra clave
Normas sobre emisión Normas sobre calidad del agua Normas sobre calidad ambiental Calidad de las aguas dulces/contaminación de las aguas dulces Normas Normas sobre efluentes residuales Normas sobre ruido Acceso-a-la-justicia
Resumen
The Plaintiff argued that the Respondent had polluted a waterway and, as a consequence, had caused considerable damage to the surrounding habitat and wildlife. The Plaintiff commenced civil enforcement proceedings seeking declarations and orders in relation to possible breaches of s 120 of the Protection of the Environment Operations Act 1997 and made application for protective costs order limiting costs recoverable by either party. The case had special factors to identify it as one of public interest. Furthermore, the Plaintiff had no private interest and would be likely to drop the action if its liabilities were not capped at $20,000. The Court was also impressed that counsel for the Applicant was acting pro bono and conversely, if an order was made, the Respondent would not suffer financial hardship. They held that the case was not vexatious or frivolous. The Court capped recoverable costs for both parties, after having analysed the purpose of protective costs order in public interest cases, the factors to consider in making protective costs order and whether there was public interest in litigation.
Texto completo
COU-156665.pdf