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Australian Conservation Foundation Incorporated v Minister for the Environment (No 2) [2016] FCA 1095

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COSTS - where unsuccessful judicial review challenge to Minister's decision to approve coal mining project under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) - public interest litigation - novel questions of public importance - special circumstances justifying departure from the general rule - discretion under s 43 of the Federal Court of Australia Act 1976 (Cth) - Held: unsuccessful applicant ordered to pay a percentage of each of the respondent's costs.

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