Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Doyle on behalf of the Iman People #2 v State of Queensland (No 2) [2017] FCAFC 32 Appeal from: Doyle on behalf the Iman People #2 v State of Queensland [2016] FCA 13
File number: QUD 103 of 2016
Judges: NORTH, BARKER AND WHITE JJ
Date of judgment: 24 February 2017
Catchwords: COSTS – application by the first respondent for an order of costs against the appellants – first respondent argued that the appellants' arguments on appeal were untenable and that the appellants had acted unreasonably in instituting and conducting the appeal – s 85A of the Native Title Act 1993 (Cth) applied. Held: application for costs refused.
Legislation: Constitution s 109 Federal Court of Australia Act 1976 (Cth) s 43 Native Title Act 1993 (Cth) s 85A Racial Discrimination Act 1975 (Cth) s 10 Native Title (Queensland) Act 1993 (Qld) s 8
Cases cited: Cheedy on behalf of the Yindjibarndi People v State of Western Australia (No 2) [2011] FCAFC 163; (2011) 199 FCR 23 Gomeroi People v Attorney-General of New South Wales (No 2) [2016] FCAFC 116 The State of Western Australia v The Commonwealth (1995) 183 CLR 373 University of Wollongong v Metwally (1984) 158 CLR 447
Date of hearing: Determined on the papers
Date of last submissions: 13 February 2017 (Appellants) 31 January 2017 (First Respondent) The Remaining Respondents did not provide submissions
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