Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gomeroi People v Attorney-General of New South Wales (No 2) [2016] FCAFC 116 File number: NSD 632 of 2015
Judge: REEVES, BARKER AND BROMBERG JJ
Date of judgment: 1 September 2016
Catchwords: COSTS – appeal allowed – whether discretion under s 85A(2) of the Native Title Act 1993 (Cth) should be exercised – whether unreasonable conduct by second respondent – whether costs should follow the event on appeal – no reasons justifying order for costs
Legislation: Native Title Act 1993 (Cth) ss 66B, 85A, 85A(1), 85A(2)
Cases cited: Cheedy v State of Western Australia (No 2) [2011] FCA 305
Date of hearing: Determined on the papers
Date of last submissions: 17 June 2016
Registry: New South Wales
Division: General Division
National Practice Area: Native Title
Category: Catchwords
Number of paragraphs: 16
Counsel for the Appellant: Mr D Bennett AC QC with Ms L Goodchild
Solicitor for the Appellant: Sam Hegney Solicitors
Counsel for the Second Respondent: Mr V Hughston SC with Mr C Gregory
Solicitor for the Second Respondent: NTSCORP Limited
ORDERS NSD 632 of 2015
BETWEEN: GOMEROI PEOPLE Appellant
AND: ATTORNEY GENERAL OF NEW SOUTH WALES First Respondent
NTSCORP LIMITED Second Respondent
JUDGES: REEVES, BARKER AND BROMBERG JJ DATE OF ORDER: 1 SEPTEMBER 2016
THE COURT ORDERS THAT:
1. The appellant's application to vary order 3 of the orders made 30 May 2016 be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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