Oil Basins Limited v Watson [2014] FCAFC 154

FEDERAL COURT OF AUSTRALIA

Oil Basins Limited v Watson [2014] FCAFC 154 Citation: Oil Basins Limited v Watson [2014] FCAFC 154

Appeal from: Watson v State of Western Australia (No 3) [2014] FCA 127

Parties: OIL BASINS LIMITED ACN 006 024 764 v JOHN WATSON AND OTHERS ON BEHALF OF THE NYIKINA MANGALA PEOPLE, ANTHONY WATSON, ROBERT WATSON, CYRIL ARCHER, ROSITA SHAW, RONA CHARLES, JOE GREEN, ANNIE MILGIN, HARRY WATSON, DAVID BANJO and STATE OF WESTERN AUSTRALIA

File number: WAD 56 of 2014

Judge: SIOPIS, MCKERRACHER AND BARKER JJ

Date of judgment: 17 November 2014

Catchwords: NATIVE TITLE – where primary judge exercised discretion under s 85A Native Title Act 1993 (Cth) to order costs and indemnity costs against respondent party – whether primary judge erred in holding that in all the circumstances it was unreasonable for respondent to put connection in issue and subsequently concede claimants' case on connection – whether primary judge erred in holding that it would not be appropriate for respondent to contest connection by simply testing claimants' expert evidence in cross-examination and making submissions on the evidence – whether primary judge erred in holding that none of the matters relied upon by respondent amounted to a significant deficiency in claimants' case on connection COSTS – discretion of Court to award costs in native title proceedings under s 85A Native Title Act 1993 (Cth)

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M, s 37N, s 43 Native Title Act 1993 (Cth) s 29, s 85A(1), s 85A(2), s 87, s 87(1A), s 223, s 225(c), s 225(d)