FEDERAL COURT OF AUSTRALIA Leslie, in the matter of the Aboriginal Councils and Associations Act 1976 v Hennessy [2001] FCA 498 IN THE MATTER OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976 QUEENSLAND ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS; JOHN WILLIAM LESLIE a member of the above Corporation v PHILIP ARTHUR HENNESSY Q 143 OF 2000 NATIONAL ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS; JOHN WILLIAM LESLIE a member of the above Corporation v PHILIP ARTHUR HENNESSY Q 144 OF 2000 ryan, dowsett & hely jj 2 MAY 2001 BRISBANE IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY Q 143 OF 2000 ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA IN THE MATTER OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976 BETWEEN: QUEENSLAND ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS (ORIGINAL APPLICANT) JOHN WILLIAM LESLIE a member of the above Corporation APPELLANT AND: PHILIP ARTHUR HENNESSY RESPONDENT JUDGES: RYAN, DOWSETT & HELY JJ DATE OF ORDER: 2 MAY 2001 WHERE MADE: BRISBANE THE COURT ORDERS THAT: 1. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY Q 144 OF 2000 ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA IN THE MATTER OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976 BETWEEN: NATIONAL ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS (ORIGINAL APPLICANT) JOHN WILLIAM LESLIE a member of the above Corporation APPELLANT AND: PHILIP ARTHUR HENNESSY RESPONDENT JUDGES: RYAN, DOWSETT & HELY JJ DATE OF ORDER: 2 MAY 2001 WHERE MADE: BRISBANE THE COURT ORDERS THAT: 1. The appellant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY Q 143 OF 2000 ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA IN THE MATTER OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976 BETWEEN: QUEENSLAND ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS (ORIGINAL APPLICANT) JOHN WILLIAM LESLIE a member of the above Corporation APPELLANT AND: PHILIP ARTHUR HENNESSY RESPONDENT Q 144 OF 2000 IN THE MATTER OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976 BETWEEN: NATIONAL ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS (ORIGINAL APPLICANT) JOHN WILLIAM LESLIE a member of the above Corporation APPELLANT AND: PHILIP ARTHUR HENNESSY RESPONDENT JUDGES: RYAN, DOWSETT & HELY JJ DATE: 2 MAY 2001 PLACE: BRISBANE REASONS FOR JUDGMENT THE COURT: 1 The Court has previously published its reasons for dismissing the appeals in these matters. The respondent now seeks orders that the appellant pay the costs of the appeals on an indemnity basis. Whilst there is much in the respondent's complaint that the appeals had no real merit, nonetheless we are conscious of the fact that these disputes arose out of differences concerning the administration of corporations set up to assist in advancing the interests of Aboriginal peoples and Torres Strait Islanders and in administering the funds made available for that purpose. We are sure that all parties were motivated only by the desire to advance this purpose, although there were obviously substantial differences as to how that should best be done. 2 In any event, it does not seem to us that in a simple appeal of this nature, there should be any substantial difference between costs recoverable on the appropriate scale and indemnity costs. The profession should not assume that in all proceedings, the Court will assume that scale costs will be less than adequate to provide indemnity for all costs reasonably incurred. The appellant should pay the respondent's costs in each appeal on the usual "party and party" basis. I certify that the preceding two 2 numbered paragraphs are a true copy of the Reasons for Judgment herein of The Court . Associate: Dated: 2 May 2001 Counsel for the Appellant: Mr A Heyworth-Smith Mr L Stephens Solicitor for the Appellant: RFG Finlayson & Associates Counsel for the Respondent: Mr D R Cooper SC Mr I Perkins Solicitor for the Respondent: Minter Ellison Lawyers Date of Hearing: 16 February 2001 Date of Judgment: 2 May 2001