Murray v Registrar of the National Native Title Tribunal [2003] FCA 45

FEDERAL COURT OF AUSTRALIA

Murray v Registrar of the National Native Title Tribunal [2003] FCA 45

COSTS – application for costs - whether the second respondent should have its costs paid in circumstances where, having an interest in the outcome of the proceeding, it applied to be joined as a party after the first respondent proposed to refrain from taking an active role in the proceeding. Administrative Decisions (Judicial Review) Act 1977 (Cth)

Federal Court of Australia Act 1976 (Cth) Pt IVA

Native Title Act 1993 (Cth) ss 24CD, 85A Murray v The Registrar of the National Native Title Tribunal [2002] FCA 1598, referred to

Ruddock v Vadarlis [2001] FCA 1865, (2001) 115 FCR 229, cited

The Ngalakan People v Northern Territory of Australia [2003] FCA 23, considered

SONIA MURRAY v THE REGISTRAR OF THE NATIONAL NATIVE TITLE TRIBUNAL, BLAIRGOWRIE BOAT HARBOUR LTD and CAROLYN BRIGGS V135 OF 2002 MARSHALL J MELBOURNE 6 FEBRUARY 2003

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V135 OF 2002

BETWEEN: SONIA MURRAY

APPLICANT

AND: THE REGISTRAR OF THE NATIONAL NATIVE TITLE TRIBUNAL

FIRST RESPONDENT

BLAIRGOWRIE BOAT HARBOUR LTD

SECOND RESPONDENT

CAROLYN BRIGGS

THIRD RESPONDENT

JUDGE: MARSHALL J

DATE OF ORDER: 6 FEBRUARY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The applicant pay the second respondent its costs of, and associated with, its motion of 18 March 2002 to be joined as a respondent to the proceeding, such costs to be taxed in default of agreement.

2. Otherwise there be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V135 OF 2002