Ward, Ben & Ors v The State of Western Australia & Anor Smith, Clarrie v The State of Western Australia & Ors Ward, Ben & Ors v The State of Western Australia & Anor [1996] FCA 430

Given the appellants succeeded on only one ground and failed on others, and considering both the novelty of the law and efficiency in litigation, it was reasonable to make no order as to costs to reflect partial success and the interests of justice.

Jurisdiction: Australia
Judgment Date: 31 May 1996
Procedural Posture: Appeal / Judgment on Costs Following Appeal
Outcome: Appeals allowed in part; no order as to costs.
Legal Topics: ['costs' 'appeal' 'discretion as to Costs']

['practice and Procedure' 'native Title'] ['costs' 'appeal' 'discretion as to Costs']

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Procedural Posture

Appeal / Judgment on Costs Following Appeal

Legal Issues

1 ['Whether costs should follow the event where appellants succeeded on only one ground of appeal' 'Whether a special order as to costs should be made reflecting partial success']

Ratio Decidendi

Court Disposition

Appeals allowed in part; no order as to costs.

Orders

['Appeals allowed in respect of one ground in each matter, otherwise dismissed.' 'Matters remitted to National Native Title Tribunal for further determination.' 'National Native Title Tribunal to determine whether further evidence is to be heard.' 'No order as to costs.']