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High Court, having determined that proceedings concerned environmental issues such that each party should bear its own costs, awards the costs of the application to the applicant, where the applicant had written to the respondent seeking an agreement to that effect but the respondent failed to make such agreement.
Supplemental judgment - declaration made pursuant to s. 7 of the Environment (Miscellaneous Provisions) Act 2011 that s 3 of the Act applied to the proceedings (i.e. a declaration that each party should bear its own costs of an environmental action) - adjournment prior to argument on costs - costs in environmental matters - Calderbank-style letter - "costs limitation orders" - manner in which respondents raised certain issues in replying affidavits - increase in costs of hearing of application - open to respondents to agree that s 3 applied to proceedings - failure to respond to request from applicant.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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