Leslie, in the matter of the Aboriginal Councils and Associations Act 1976 v Hennessy [2001] FCA 498

Leslie, in the matter of the Aboriginal Councils and Associations Act 1976 v Hennessy [2001] FCA 498

Although there was much in the respondent's complaint that the appeals had no real merit, the disputes arose from differences about the administration of corporations established to advance the interests of Aboriginal peoples and Torres Strait Islanders, and all parties appeared motivated by that purpose. In a...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
02 May 2001
Procedural Posture
Appeal From a Judge of the Federal Court of Australia in the Matter of the Aboriginal Councils and Associations Act 1976 / Costs Determination After the Court Had Previously Dismissed the Appeals
Outcome
The respondent's request for indemnity costs was not granted; the appellant was ordered to pay the respondent's costs in each appeal on the usual party and party basis.
Legal Topics
['indemnity Costs' 'party and Party Costs' 'costs of Appeals' 'aboriginal Councils and Associations Act 1976']
['costs' 'corporations and Associations' 'aboriginal and Torres Strait Islander Organisations'] ['indemnity Costs' 'party and Party Costs' 'costs of Appeals' 'aboriginal Councils and Associations Act 1976']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal From a Judge of the Federal Court of Australia in the Matter of the Aboriginal Councils and Associations Act 1976 / Costs Determination After the Court Had Previously Dismissed the Appeals

Legal Issues

  1. 1 ["Whether the appellant should pay the respondent's costs of the appeals on an indemnity basis." 'Whether costs should instead be awarded on the usual party and party basis.']

Ratio Decidendi

Although there was much in the respondent's complaint that the appeals had no real merit, the disputes arose from differences about the administration of corporations established to advance the interests of Aboriginal peoples and Torres Strait Islanders, and all parties appeared motivated by that purpose. In a simple appeal of this nature, the Court was not persuaded there would be any substantial difference between scale costs and indemnity costs, so the appellant was ordered to pay the respondent's costs on the usual party and party basis rather than on an indemnity basis.

Court Disposition

The respondent's request for indemnity costs was not granted; the appellant was ordered to pay the respondent's costs in each appeal on the usual party and party basis.

Orders

  • ["In Q 143 of 2000, the appellant pay the respondent's costs of the appeal." "In Q 144 of 2000, the appellant pay the respondent's costs of the appeal."]