Ngunnawal Local Aboriginal Land Council v Dean Bell on behalf of Ngunnawal Elders Council [1995] FCA 1181

Ngunnawal Local Aboriginal Land Council v Dean Bell on behalf of Ngunnawal Elders Council [1995] FCA 1181

The fact that the proceeding was brought under Native Title legislation does not justify a departure from the usual costs order; the applicant is ordered to pay the first respondent's costs up to and including the date of discontinuance.

Parties
Applicant: UNNA LAND COUNCIL; First Respondent: DEAN BELL on behalf of NGUNNAWAL ELDERS COUNCIL & ORS; Second Respondent: W. U. WALES; Third Respondent: WEAL AUSTRALIA; Fourth Respondent: YARROWLUMLA; Sixth Respondent: EAST AUSTRALIAN PIPELINE LIMITED
Jurisdiction
Australia
Judgment Date
20 April 1995
Procedural Posture
Application / Application for Leave to Discontinue Proceeding
Outcome
Leave to discontinue proceeding granted; applicant to pay first respondent's costs up to and including the date of discontinuance
Legal Topics
Costs, Discontinuance of Proceeding
Civil Procedure Native Title Costs Discontinuance of Proceeding

Case Brief

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Parties

UNNA LAND COUNCIL

Applicant

DEAN BELL on behalf of NGUNNAWAL ELDERS COUNCIL & ORS

First Respondent

W. U. WALES

Second Respondent

WEAL AUSTRALIA

Third Respondent

YARROWLUMLA

Fourth Respondent

EAST AUSTRALIAN PIPELINE LIMITED

Sixth Respondent

Procedural Posture

Application / Application for Leave to Discontinue Proceeding

Legal Issues

  1. 1 Whether the applicant should be granted leave to discontinue the proceeding
  2. 2 Whether the applicant should be ordered to pay the first respondent's costs

Ratio Decidendi

The fact that the proceeding was brought under Native Title legislation does not justify a departure from the usual costs order; the applicant is ordered to pay the first respondent's costs up to and including the date of discontinuance.

Court Disposition

Leave to discontinue proceeding granted; applicant to pay first respondent's costs up to and including the date of discontinuance

Orders

  • Leave is granted to the applicant to discontinue the proceeding
  • Applicant to pay the costs of the first respondent up to and including the date of discontinuance