Darkinjung Local Aboriginal Land Council v Minister Administering the Crown Lands Act and Anor (No 2) [2007] NSWLEC 523

Darkinjung Local Aboriginal Land Council v Minister Administering the Crown Lands Act and Anor (No 2) [2007] NSWLEC 523

The Court applied the costs regime in force when the proceedings commenced and most costs were incurred, namely s 69 of the Land and Environment Court Act 1979. Because the Applicant was largely successful in obtaining a finding that a substantial portion of the claimed land was claimable Crown land, costs should follow the event. The Minister, who chose to defend the proceedings and has the essential role under s 36 of the Aboriginal Land Rights Act 1983, was liable for the Applicant's costs; the Council was not liable merely because it had been joined in the unusual circumstances of the matter.

Jurisdiction
Australia
Judgment Date
17 August 2007
Procedural Posture
Aboriginal Land Claim Costs Decision in Class 3 Proceedings Concerning Claimable Crown Land Under the Aboriginal Land Rights Act 1983 / Costs and Final Orders Following Substantive Judgment
Outcome
The Applicant was awarded its costs against the First Respondent, the Minister Administering the Crown Lands Act.
Legal Topics
['claimable Crown Land' 'costs Discretion Under S 69 of the Land and Environment Court Act 1979' 'application of Costs Rules' 'liability for Costs Between Respondents' 'section 36 of the Aboriginal Land Rights Act 1983']
['aboriginal Land Rights' 'crown Land' 'costs' 'land and Environment Court Procedure'] ['claimable Crown Land' 'costs Discretion Under S 69 of the Land and Environment Court Act 1979' 'application of Costs Rules' 'liability for Costs Between Respondents' 'section 36 of the Aboriginal Land Rights Act 1983']

Case Brief

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Procedural Posture

Aboriginal Land Claim Costs Decision in Class 3 Proceedings Concerning Claimable Crown Land Under the Aboriginal Land Rights Act 1983 / Costs and Final Orders Following Substantive Judgment

Legal Issues

  1. 1 ['Whether the Applicant should receive a costs order after substantially succeeding in establishing that land was claimable Crown land.' 'Whether the costs regime in force when the proceedings commenced or the amended Land and Environment Court Rules 1996 should be applied.' 'Whether any costs awarded to the Applicant should be borne by the Minister alone or apportioned between the Minister and Wyong Shire Council.']

Ratio Decidendi

The Court applied the costs regime in force when the proceedings commenced and most costs were incurred, namely s 69 of the Land and Environment Court Act 1979. Because the Applicant was largely successful in obtaining a finding that a substantial portion of the claimed land was claimable Crown land, costs should follow the event. The Minister, who chose to defend the proceedings and has the essential role under s 36 of the Aboriginal Land Rights Act 1983, was liable for the Applicant's costs; the Council was not liable merely because it had been joined in the unusual circumstances of the matter.

Court Disposition

The Applicant was awarded its costs against the First Respondent, the Minister Administering the Crown Lands Act.

Orders

  • ["The Minister Administering the Crown Lands Act is liable to pay the Applicant's costs."]