Gomeroi People v Attorney-General of New South Wales (No 2) [2016] FCAFC 116

Gomeroi People v Attorney-General of New South Wales (No 2) [2016] FCAFC 116

There was no unreasonable conduct by NTSCORP justifying a departure from the usual costs rule under s 85A of the Native Title Act 1993 (Cth), nor did the circumstances warrant application of the principle that costs should follow the event. The application to vary the order for costs was dismissed, maintaining that each party bear their own costs.

Parties
Appellant: Gomeroi People; First Respondent: Attorney General of New South Wales; Second Respondent: NTSCORP Limited
Jurisdiction
Australia
Judgment Date
01 September 2016
Procedural Posture
Appeal / Application to Vary Costs Order After Appeal
Outcome
Application to vary costs order dismissed
Legal Topics
Costs, Unreasonable Conduct, Exercise of Discretion
Native Title Law Civil Procedure Costs Unreasonable Conduct Exercise of Discretion

Case Brief

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Parties

Gomeroi People

Appellant

Attorney General of New South Wales

First Respondent

NTSCORP Limited

Second Respondent

Procedural Posture

Appeal / Application to Vary Costs Order After Appeal

Legal Issues

  1. 1 Whether costs discretion is governed by s 85A of the Native Title Act 1993 (Cth)
  2. 2 Whether NTSCORP engaged in unreasonable conduct causing appellant to incur costs under s 85A(2)
  3. 3 Whether costs should follow the event in the appeal

Ratio Decidendi

There was no unreasonable conduct by NTSCORP justifying a departure from the usual costs rule under s 85A of the Native Title Act 1993 (Cth), nor did the circumstances warrant application of the principle that costs should follow the event. The application to vary the order for costs was dismissed, maintaining that each party bear their own costs.

Court Disposition

Application to vary costs order dismissed

Orders

  • The appellant's application to vary order 3 of the orders made 30 May 2016 be dismissed.