The Bob Brown Foundation has lost its full court bid to have fees from a 2021 court case covered by Sustainable Timber Tasmania. Source: The Mercury
The foundation must now fork out for extra costs amid the unsuccessful appeal.
STT last year refused access to their land for the Bob Brown Foundation’s Tarkine trail run fundraiser, but the non-profit won its battle to hold the marathon in March last year when it was discovered STT had no legal grounds for denying entry to the forestry land.
Acting Justice Brian Martin allowed each party to pay for their own court costs, but the Bob Brown Foundation appealed this decision and argued STT should pay both parties’ fees.
The Bob Brown Foundation argued in its appeal STT’s “unreasonable” actions landed them in a court case that could have been avoided if the timber company had disclosed sooner that they had no legal authority to deny land entry.
The appeal was dismissed at the Supreme Court of Tasmania on Friday.
Justices Stephen Estcourt and Robert Pearce found the matter should be dismissed, but Justice Gregory Geason said in his judgment he would have upheld the appeal and would order STT to pay the Bob Brown Foundation’s legal fees.
