Ngurampaa Limited v Brewarrina Shire Council & Anor [2014] NSWSC 1022

Ngurampaa Limited v Brewarrina Shire Council & Anor [2014] NSWSC 1022

Because the issues raised by the discontinued notice of motion concerning native title, radical title and whose land it is may also be relevant to the underlying appeal, the judge hearing the appeal will be best placed to determine what additional expense was caused by the motion; therefore the costs of the discontinued notice of motion should be reserved rather than ordered immediately.

Jurisdiction
Australia
Judgment Date
25 July 2014
Procedural Posture
Common Law; Procedural and Other Ruling / Application by Notice of Motion for Orders Removing the Case to the High Court of Australia or Alternatively to the Supreme Court of the United Kingdom Sitting as the Privy Council; Discontinued Notice of Motion and Case Management Directions
Outcome
Agreed case management orders made; immediate costs order refused; costs of the discontinued notice of motion reserved for the judge who hears the appeal.
Legal Topics
['radical Title' 'native Title' 'removal to High Court of Australia' 'removal to Privy Council' 'costs of Discontinued Notice of Motion' 'case Management Directions']
['civil Law' 'native Title'] ['radical Title' 'native Title' 'removal to High Court of Australia' 'removal to Privy Council' 'costs of Discontinued Notice of Motion' 'case Management Directions']

Case Brief

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Procedural Posture

Common Law; Procedural and Other Ruling / Application by Notice of Motion for Orders Removing the Case to the High Court of Australia or Alternatively to the Supreme Court of the United Kingdom Sitting as the Privy Council; Discontinued Notice of Motion and Case Management Directions

Legal Issues

  1. 1 ["Whether the plaintiff's application for orders removing the case to the High Court of Australia or alternatively to the Supreme Court of the United Kingdom sitting as the Privy Council should proceed in light of agreed case management orders." 'Whether costs of the discontinued notice of motion should be ordered immediately or reserved for the judge who hears the appeal.']

Ratio Decidendi

Because the issues raised by the discontinued notice of motion concerning native title, radical title and whose land it is may also be relevant to the underlying appeal, the judge hearing the appeal will be best placed to determine what additional expense was caused by the motion; therefore the costs of the discontinued notice of motion should be reserved rather than ordered immediately.

Court Disposition

Agreed case management orders made; immediate costs order refused; costs of the discontinued notice of motion reserved for the judge who hears the appeal.

Orders

  • ['The plaintiff is to file and serve an affidavit in compliance with the Uniform Civil Procedure Rules 2005 Part 50 Rule 14 on or before 22 August 2014.' 'The matter will be listed for further directions before the registrar on 29 August 2014.' "The question of the costs of today's discontinued notice of motion will...