Wykanak v National Broadcasting Company [NBC] USA [2000] NSWCA 300

Wykanak v National Broadcasting Company [NBC] USA [2000] NSWCA 300

There was no error of principle, nor any miscarriage of discretion by Priestley JA in making the orders of 31 July 2000, including the costs order. The proceedings were properly concluded by consent on 26 June 2000, rendering later applications futile and unjustified. No relevant public interest factor warranted a special costs order or further continuation of the proceedings.

Jurisdiction
Australia
Judgment Date
24 October 2000
Procedural Posture
Appeal / Dismissal of Notices of Motion in the Court of Appeal
Outcome
Notices of Motion filed on 1 August 2000 and 18 October 2000 dismissed with costs.
Legal Topics
['costs' 'public Interest Litigation' 'appeal Procedure' 'discontinuance']
['civil Procedure'] ['costs' 'public Interest Litigation' 'appeal Procedure' 'discontinuance']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Dismissal of Notices of Motion in the Court of Appeal

Legal Issues

  1. 1 ['Whether the orders of Priestley JA on 31 July 2000 should be reviewed under s 46(4) Supreme Court Act 1970' 'Whether further procedural steps taken by the applicant after settlement were justified' 'Whether the public interest justified departure from the usual costs order']

Ratio Decidendi

There was no error of principle, nor any miscarriage of discretion by Priestley JA in making the orders of 31 July 2000, including the costs order. The proceedings were properly concluded by consent on 26 June 2000, rendering later applications futile and unjustified. No relevant public interest factor warranted a special costs order or further continuation of the proceedings.

Court Disposition

Notices of Motion filed on 1 August 2000 and 18 October 2000 dismissed with costs.

Orders

  • ['Notices of Motion filed on 1 August 2000 and 18 October 2000 are dismissed with costs.']