Queensland Nickel Pty
Ltd v Commonwealth of Australia (HCA) - Constitutional law - special case - Div
48, Pt 3 Sch 1 Clean Energy Regulations
2011 (Cth) did not contravene s99 Constitution |
Community Association
DP270253 v Woollahra Municipal Council (NSWCA) - costs - appeal from costs judgment in
Land and Environment Court dismissed |
Summaries With Link (Five Minute Read) |
Queensland
Nickel Pty Ltd v Commonwealth of Australia
[2015] HCA 12
High Court of Australia
French CJ; Hayne, Kiefel, Bell, Gageler,
Keane & Nettle JJ
Constitutional law - special case to
determine whether Div 48, Pt 3 Sch 1 Clean
Energy Regulations 2011 (Cth) was invalid in application to plaintiff as result
of giving preference to one State over another contrary to s99 Constitution - plaintiff
contended Jobs and Competitiveness Program contravened s99 because allocative
baselines it prescribed by were fixed by reference to industry averages and resulted
in same number of free carbon units per unit volume of production regardless of
differences between producers’ inputs, production processes and outputs - held:
validity of provisions of Regulations upheld - Div 48 did not give preference
to one State over another - no contravention of s99 Constitution.
QueenslandNickel
|
Community
Association DP270253 v Woollahra Municipal Council [2015] NSWCA 80
Court of Appeal of New South Wales
Barrett, Emmett & Leeming JJA
Costs - Association challenged costs
orders made in Land and Environment Court proceedings - Association successful
in application for recovation of order issued Council under s121B Environmental Planning and Assessment Act
1979 (NSW) - primary judge decided there should be no order as to costs - correctness
of primary judge’s decision that it was not “fair and reasonable” that costs
order be made - reasonableness of Council’s conduct in mounting defence to action
- r3.7 Land and Environment Court Rules
2007 (NSW) - held: Association failed to establish Council’s conduct as a
litigant in proceedings made it fair and reasonable that Council was required
to pay Association’s costs - no error of law in primary judge’s decision on
costs - appeal dismissed.
Community
|