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High Court, in an application for legal costs of completed judicial review and protective costs order proceedings, finds notice party, a waste management company, liable for costs of the former but deems costs of the latter to be costs in the action.
High Court - environmental law - judicial review - application for costs of completed judicial review and protective costs order proceedings brought by applicant - judicial review taken against decision of respondent in granting waste license - proceedings conceded at early stage by respondent - application by applicant for costs order against notice party for not also conceding proceedings at early stage - default position of no order as to costs save in limited circumstances contained in planning and development acts - whether acts or omissions of notice party contributed to applicant obtaining relief - whether act that notice party did not concede judicial review proceedings at an early stage should properly be considered to allow an order for costs against it - whether pre-litigation 'actions or omissions' of notice party make it liable to costs order under Planning and Development Acts - protective costs order granted to applicant but opposed by notice party - whether applicant entitled to costs of protective costs application against notice party - substantive proceedings not yet complete.
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