The Applicants sought to enforce environmental laws which protected endangered species of fauna and flora. The Applicants submitted that no order for costs be made because the proceedings were "of public interest character". The Court refused a request that no order for costs be made and was satisfied that costs should follow the event. It distinguished this case from Oschlack -v- Richmond River Council [1998] HCA 11, which had been taken on foot of particular legislative provisions facilitating an "increased opportunity for public involvement and participation in environmental planning and assessment." There was no similar statute at issue here.
The Court observed that the effect of this previous case was not to introduce a situation where "...every time an individual or body brings proceedings asserting a defence of the public interest and protection of the environment, a new costs regime is to apply exempting that individual or body from the conventional rule....".