Aboriginal Sacred Sites v The Honourable M. Maurice & Ors [1986] FCA 400

Aboriginal Sacred Sites v The Honourable M. Maurice & Ors [1986] FCA 400

In all the circumstances, including parties’ conduct and outcomes in related matters, justice is served by making no order as to costs in these proceedings.

Parties
Applicant: The Aboriginal Sacred Sites Protection Authority; First Respondent: The Honourable Michael David Andrew Maurice, Aboriginal Land Commissioner; Second Respondent: The Attorney General for the Northern Territory of Australia; Third Respondent: The Central Land Council; Fourth Respondent: Robert Bruce Reyburn
Jurisdiction
Australia
Judgment Date
16 September 1986
Procedural Posture
Application for Judicial Review and Application for Writs of Prohibition and Certiorari / Post Judgment (costs Orders)
Outcome
No order as to costs; application for costs by Central Land Council dismissed.
Legal Topics
Public Interest Immunity, Costs in Litigation, Production of Confidential Material, Review of Administrative Decisions
Administrative Law Aboriginal Land Rights Judicial Review Public Interest Immunity Costs in Litigation Production of Confidential Material Review of Administrative Decisions

Case Brief

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Parties

The Aboriginal Sacred Sites Protection Authority

Applicant

The Honourable Michael David Andrew Maurice, Aboriginal Land Commissioner

First Respondent

The Attorney General for the Northern Territory of Australia

Second Respondent

The Central Land Council

Third Respondent

Robert Bruce Reyburn

Fourth Respondent

Procedural Posture

Application for Judicial Review and Application for Writs of Prohibition and Certiorari / Post Judgment (costs Orders)

Legal Issues

  1. 1 Whether costs should be awarded against the applicant after unsuccessful judicial review proceedings
  2. 2 Application of public interest immunity to confidential information provided by Aborigines
  3. 3 Balancing public interest immunity against ascertainment of facts in land claim

Ratio Decidendi

In all the circumstances, including parties’ conduct and outcomes in related matters, justice is served by making no order as to costs in these proceedings.

Court Disposition

No order as to costs; application for costs by Central Land Council dismissed.

Orders

  • The application for an order for costs by the Central Land Council be dismissed.
  • There be no order as to costs.