Nature Conservation Council of New South Wales Inc v The Minister Administering the Water Management Act 2000 (No 2)

THE COURT: The Court delivered judgment in this matter on 9 February 2005. The Court ordered that the Appellant pay the Respondent’s costs.

The Appellant has approached the Court by Notice of Motion seeking a variation of this order pursuant to the slip rule on the basis that the Respondent did not seek costs and accepted that there should be no order in the Respondent’s favour if the appeal failed. The Respondent accepts that that was so.

The Court accepts that the order made on 9 February did arise from an oversight of the submissions in this regard and accepts that the case for variation of the order has been made out. Accordingly, the order set out in par [96] of the judgment of the Court and made in the Court on 9 February 2005 should be amended to read: “Order that the appeal be dismissed and that there be no order as to costs.”