Jagera People #2 v State of Queensland [2006] FCA 708

Jagera People #2 v State of Queensland [2006] FCA 708

The Court was not satisfied that the Notice of Motion or Mr Coghill's failure to act by the deadline imposed in the 23 May 2006 fax involved any unreasonable act or omission causing another party to incur costs within s 85A(2) of the Native Title Act 1993 (Cth), and, considering the matter generally, it was not appropriate to make any costs order. Leave was therefore granted to discontinue the Notice of Motion, with each party to bear his or her own costs under s 85A(1).

Jurisdiction
Australia
Judgment Date
31 May 2006
Procedural Posture
Native Title Proceeding; Notice of Motion to Strike Out Application / Application for Leave to Discontinue the Notice of Motion Filed on 8 February 2006 and Application for Costs
Outcome
Leave granted to discontinue the Notice of Motion; no costs order made other than that each party bear his or her own costs.
Legal Topics
['discontinuance of Notice of Motion' 'costs in Native Title Proceedings' 'unreasonable Act or Omission Causing Costs' 'federal Court Discretion as to Costs']
['native Title' 'practice and Procedure' 'costs'] ['discontinuance of Notice of Motion' 'costs in Native Title Proceedings' 'unreasonable Act or Omission Causing Costs' 'federal Court Discretion as to Costs']

Case Brief

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Procedural Posture

Native Title Proceeding; Notice of Motion to Strike Out Application / Application for Leave to Discontinue the Notice of Motion Filed on 8 February 2006 and Application for Costs

Legal Issues

  1. 1 ['Whether leave should be given to Shane Coghill to discontinue the Notice of Motion filed on 8 February 2006.' "Whether Mr Coghill should be ordered to pay the Jagera People's costs notwithstanding s 85A of the Native Title Act 1993 (Cth)." 'Whether any unreasonable act or omission by Mr Coghill caused another party to incur costs in connection with the institution or conduct of the proceeding.']

Ratio Decidendi

The Court was not satisfied that the Notice of Motion or Mr Coghill's failure to act by the deadline imposed in the 23 May 2006 fax involved any unreasonable act or omission causing another party to incur costs within s 85A(2) of the Native Title Act 1993 (Cth), and, considering the matter generally, it was not appropriate to make any costs order. Leave was therefore granted to discontinue the Notice of Motion, with each party to bear his or her own costs under s 85A(1).

Court Disposition

Leave granted to discontinue the Notice of Motion; no costs order made other than that each party bear his or her own costs.

Orders

  • ['Leave be given to Shane Coghill to discontinue the Notice of Motion filed on 8 February 2006.' 'Pursuant to s 85A of the Native Title Act 1993 (Cth) each party is to bear his or her own costs.']