Mineralogy Pty Ltd v National Native Title Tribunal & Ors [1998] FCA 1700

Mineralogy Pty Ltd v National Native Title Tribunal & Ors [1998] FCA 1700

The Court held that it was reasonable for the appellant to seek leave to discontinue following legislative changes rendering the appeal otiose. The appropriate order was to grant leave to discontinue, with the appellant to pay the second respondent's costs incurred on the day of hearing, but otherwise each party should bear its own costs.

Parties
Appellant: Mineralogy Pty Ltd; First Respondent: National Native Title Tribunal; Second Respondent: Red Alexander on behalf of the Kurama People; Third Respondent: The State of Western Australia
Jurisdiction
Australia
Judgment Date
23 December 1998
Procedural Posture
Appeal / Application for Leave to Discontinue Appeal; Determination of Costs
Outcome
Leave granted to discontinue appeal; limited costs order.
Legal Topics
Discontinuance of Proceedings, Costs Upon Discontinuance, Test Case/public Interest Litigation, Reasonableness of Conduct, Costs Discretion
Native Title Administrative Law Mining Law Civil Procedure Discontinuance of Proceedings Costs Upon Discontinuance Test Case/public Interest Litigation Reasonableness of Conduct +1 more

Case Brief

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Parties

Mineralogy Pty Ltd

Appellant

National Native Title Tribunal

First Respondent

Red Alexander on behalf of the Kurama People

Second Respondent

The State of Western Australia

Third Respondent

Procedural Posture

Appeal / Application for Leave to Discontinue Appeal; Determination of Costs

Legal Issues

  1. 1 Whether appellant acted reasonably in seeking to discontinue the appeal
  2. 2 Whether further prosecution of the appeal would be futile or otiose after legislative amendment
  3. 3 Whether third respondent acted reasonably in withdrawing notice of contention

Ratio Decidendi

The Court held that it was reasonable for the appellant to seek leave to discontinue following legislative changes rendering the appeal otiose. The appropriate order was to grant leave to discontinue, with the appellant to pay the second respondent's costs incurred on the day of hearing, but otherwise each party should bear its own costs.

Court Disposition

Leave granted to discontinue appeal; limited costs order.

Orders

  • The appellant's motion be allowed.
  • Leave be granted to the appellant to discontinue its appeal.