Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
State of Western Australia v Banjima People [2016] FCAFC 46 Appeal from: Banjima People v State of Western Australia (No 2) [2013] FCA 868; (2013) 305 ALR 1 Banjima People v State of Western Australia (No 3) [2014] FCA 201
File number(s): WAD 73 of 2014
Judge(s): MANSFIELD, KENNY, RARES, JAGOT AND MORTIMER JJ
Date of judgment: 29 March 2016
Catchwords: COSTS – s 85A Native Title Act 1993 (Cth) – no reasons justifying order for costs – no costs order
Legislation: Native Title Act 1993 (Cth)
Cases cited: Banjima People v State of Western Australia [2015] FCAFC 84; (2015) FCR 456 Banjima People v State of Western Australia (No 2) [2015] FCAFC 171 Cheedy on behalf of the Yindjibandi People v State of Western Australia (No 2) [2011] FCAFC 163; (2011) 199 FCR 23 Latoudis v Casey [1990] HCA 59; (1990) 170 CLR 534 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72
Date of hearing: Heard on the papers
Date of last submissions: 2 March 2016
Registry: Western Australia
Division: General Division
National Practice Area: Native Title
Category: Catchwords
Number of paragraphs: 17
Solicitor for the Appellant: Mr M Pudovskis of State Solicitor's Office
Solicitor for the Respondent: Mr G O'Dell of Yamatji Marlpa Aboriginal Corporation
ORDERS WAD 73 of 2014
BETWEEN: STATE OF WESTERN AUSTRALIA Appellant
AND: BANJIMA PEOPLE Respondent
JUDGES: MANSFIELD, KENNY, RARES, JAGOT AND MORTIMER JJ DATE OF ORDER: 29 March 2016
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