Coombes v Registrar of Aboriginal Corporations (No 2) [2008] FCA 1078

Coombes v Registrar of Aboriginal Corporations (No 2) [2008] FCA 1078

In light of the communications between parties prior to proceedings, the special relationship of applicants to the administration of the NAC, and the lack of sufficient informational response by respondents, special circumstances exist which warrant no order for costs despite the applicants' lack of success.

Parties
First Applicant: Phillip Coombes; Second Applicant: Margaret Smith; Third Applicant: Lesley Calma; Fourth Applicant: Howard Smith; First Respondent: Registrar of Aboriginal Corporations; Second Respondent: Eamonn Thackaberry
Jurisdiction
Australia
Judgment Date
24 July 2008
Procedural Posture
Application / Costs Judgment Following Dismissal of Substantive Application
Outcome
No order as to costs; proceedings stand dismissed if no party applies for further directions by 29 August 2008.
Legal Topics
Costs, Aboriginal Corporations, Discretion in Costs Orders
Administrative Law Corporations Law Costs Aboriginal Corporations Discretion in Costs Orders

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Parties

Phillip Coombes

First Applicant

Margaret Smith

Second Applicant

Lesley Calma

Third Applicant

Howard Smith

Fourth Applicant

Registrar of Aboriginal Corporations

First Respondent

Eamonn Thackaberry

Second Respondent

Procedural Posture

Application / Costs Judgment Following Dismissal of Substantive Application

Legal Issues

  1. 1 Whether an order for costs should be made against the unsuccessful applicants
  2. 2 Circumstances justifying departure from the general rule that costs follow the event in Federal Court proceedings

Ratio Decidendi

In light of the communications between parties prior to proceedings, the special relationship of applicants to the administration of the NAC, and the lack of sufficient informational response by respondents, special circumstances exist which warrant no order for costs despite the applicants' lack of success.

Court Disposition

No order as to costs; proceedings stand dismissed if no party applies for further directions by 29 August 2008.

Orders

  • There be no order for the costs of the proceedings to date.
  • Time to apply for further directions or hearing extended to 29 August 2008.