Burragubba v State of Queensland [2015] FCA 1163

Burragubba v State of Queensland [2015] FCA 1163

The 'spirit' or equity of s 85A of the Native Title Act does not apply to costs in judicial review proceedings under the ADJR Act that involve amendments with factual claims or procedural fairness issues; accordingly, the amending party should pay costs thrown away by the amendment, consistent with general Federal Court costs principles.

Jurisdiction
Australia
Judgment Date
29 October 2015
Procedural Posture
Application for Judicial Review (costs Determination) / Post Amendment Costs Order, Following Leave to Amend Originating Application
Outcome
Applicant ordered to pay the Second Respondent's costs thrown away by reason of his amendment to the originating process.
Legal Topics
['costs in Federal Court' 'amendment of Pleadings' "native Title Act S 85 a 'spirit' or 'equity'" 'application of Costs Discretion' 'judicial Review Procedure']
['practice and Procedure' 'native Title Law' 'administrative Law'] ['costs in Federal Court' 'amendment of Pleadings' "native Title Act S 85 a 'spirit' or 'equity'" 'application of Costs Discretion' 'judicial Review Procedure']

Case Brief

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Procedural Posture

Application for Judicial Review (costs Determination) / Post Amendment Costs Order, Following Leave to Amend Originating Application

Legal Issues

  1. 1 ["Whether the 'spirit' or 'equity' of s 85A Native Title Act 1993 (Cth) applies to costs in proceedings under the Administrative Decisions (Judicial Review) Act 1977 (Cth)" 'Appropriateness of ordering costs thrown away borne by applicant after amending originating application' 'Circumstances in which statutory norms underlying costs can extend to broader Federal Court discretion']

Ratio Decidendi

The 'spirit' or equity of s 85A of the Native Title Act does not apply to costs in judicial review proceedings under the ADJR Act that involve amendments with factual claims or procedural fairness issues; accordingly, the amending party should pay costs thrown away by the amendment, consistent with general Federal Court costs principles.

Court Disposition

Applicant ordered to pay the Second Respondent's costs thrown away by reason of his amendment to the originating process.

Orders

  • ["The Applicant pay the Second Respondent's costs thrown away by the Applicant's application to amend his originating process."]