Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 7) [2015] FCA 1404

Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 7) [2015] FCA 1404

Far West Coast Native Title Claim v State of South Australia (No 8) [2014] FCA 635 applied: the Kimberley Land Council, as a Native Title Representative Body performing statutory functions under the Native Title Act 1993 (Cth), was entitled to recover costs through the claimants notwithstanding that the claimants had no personal liability to pay the solicitor on the record or the Kimberley Land Council. The Western Australian legal profession issues raised by Oil Basins Limited were not relevant to that conclusion. The travel allowance items were sufficiently supported by the remittance advices when read with the affidavit evidence, and Oil Basins Limited did not demonstrate any manifest...

Jurisdiction
Australia
Judgment Date
09 December 2015
Procedural Posture
Claimant Application for Determination of Native Title; Costs Taxation Review / Oil Basins Limited's Application Under R 40.34 of the Federal Court Rules 2011 (cth) for Review of Taxation of the Claimants' Bill of Costs After Costs Orders Were Made and Confirmed on Appeal
Outcome
Oil Basins Limited's application for review of taxation was dismissed with costs.
Legal Topics
['review of Taxation of Costs' 'indemnity Costs' 'native Title Representative Bodies' 'recovery of Costs Where Claimants Have No Personal Liability to Pay Solicitor' 'travel Allowances' 'flights and Accommodation Expenses' "taxing Officer's Discretion"]
['costs' 'native Title' 'federal Court Procedure' 'legal Profession Regulation'] ['review of Taxation of Costs' 'indemnity Costs' 'native Title Representative Bodies' 'recovery of Costs Where Claimants Have No Personal Liability to Pay Solicitor' 'travel Allowances' 'flights and Accommodation Expenses' "taxing Officer's Discretion"]

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Procedural Posture

Claimant Application for Determination of Native Title; Costs Taxation Review / Oil Basins Limited's Application Under R 40.34 of the Federal Court Rules 2011 (cth) for Review of Taxation of the Claimants' Bill of Costs After Costs Orders Were Made and Confirmed on Appeal

Legal Issues

  1. 1 ['Whether Oil Basins Limited was liable to indemnify the claimants in respect of costs where the claimants had no liability to pay costs to the solicitor on the record or the Kimberley Land Council.' 'Whether Far West Coast Native Title Claim v State of South Australia (No 8) [2014] FCA 635 applied or should be distinguished because of differences between South Australian and Western Australian legal profession legislation.' 'Whether travel allowance items totalling $2,184.50 should be disallowed for want of receipts or sufficient supporting material under R 40.18 of the Federal Court Rules 2011 (Cth).' "Whether flights and accommodation expenses allowed in the sum of $2,641.41 should be disallowed on review of the taxing officer's discretion."]

Ratio Decidendi

Far West Coast Native Title Claim v State of South Australia (No 8) [2014] FCA 635 applied: the Kimberley Land Council, as a Native Title Representative Body performing statutory functions under the Native Title Act 1993 (Cth), was entitled to recover costs through the claimants notwithstanding that the claimants had no personal liability to pay the solicitor on the record or the Kimberley Land Council. The Western Australian legal profession issues raised by Oil Basins Limited were not relevant to that conclusion. The travel allowance items were sufficiently supported by the remittance advices when read with the affidavit evidence, and Oil Basins Limited did not demonstrate any manifest...

Court Disposition

Oil Basins Limited's application for review of taxation was dismissed with costs.

Orders

  • ["Oil Basins Limited's application for review of taxation as amended at the hearing on 26 November 2015 be dismissed." 'Oil Basins Limited do pay the costs of the claimants, to be taxed if not agreed.']