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

IN THE FEDERAL COURT OF AUSTRALIA ) JUDGMENT No. EL om

AUSTRALIAN CAPITAL TERRITORY Cc STRY ) No. AG 6001 of 1994 ) GENERAL DIVISION ) BETWEEN: UNNA [ej ABO LAND COUNCIL Applicant AND: DEAN __BELL on behalf _of NGUNNAWAL ELDERS COUNCIL & ORS

First Respondent

STA ie) EW. U

WALES Second Respondent

co WEAL AUSTRALIA Third Respondent COUN Ss YARROWLUMLA Fourth Respondent Cc Cc Ss W. UU! W. S j Cc Cc WW. V

Fifth Respondent

EAST __AUSTRALIAN _ PIPELINE LIMITED Sixth Respondent

20 APRIL 1995

ONS _FO D OC. R

In this matter the applicant seeks the leave of the court to discontinue the proceeding. There is consent by some of the interested parties to that course, and particularly the

first respondent has no objection to that course.

The first respondent seeks an order that the applicant should pay the first respondents costs of the proceedings to date. No other interested party seeks any orders as to costs. The Court has undoubted power to award costs under both the Federal Court of Australia Act (1976) and the Rules. It is a question of whether the Court in the exercise of its discretion should make an order of the kind sought by the

first respondent.

In the ordinary course of litigation where a party has been brought to Court against its will as a respondent, the Court would order the applicant to pay the respondents costs. The matter which is relied upon on behalf of the applicant here as justifying a departure from that course is the fact that the proceeding has been brought under the Native Title Legislation. It is said, by reference to the Preamble to the Act and to s. 82(1), that a costs order would be contrary to the objects of the legislation, and that the proper order should be that there be no order as to the costs of the first respondent. In my view those arguments do not persuade the court to do other than order the applicant to pay the costs of the first respondent and that is the order which the Court