McKenzie v State of South Australia [2006] FCA 891

FEDERAL COURT OF AUSTRALIA

McKenzie v State of South Australia [2006] FCA 891

NATIVE TITLE – application to discontinue proceedings – leave granted NATIVE TITLE – costs – exercise of discretion under s 85A of Native Title Act in discontinuance proceedings – conduct of parties

Held: The conduct of the parties justified the award of costs in favour of the respondents Native Title Act 1953 (Cth) s 85A Federal Court of Australia Act 1976 (Cth) s 43

McKenzie v State Government of South Australia [2005] FCA 22 cited Ankamuthi People v State Government of Queensland (2002) FCA 897 cited Covell Matthews & Partners v French Wools Ltd [1977] 1 WLR 876 cited Ruddock v Vadarlis (No 2) (2001) 155 FCR 229 cited Grundy v Lewis [1998] FCA 563 cited O'Neill v Mann [2000] FCA 1680 cited Ward v Western Australia (1999) 93 FCR 305 followed De Rose v State of South Australia (No 2) [2005] FCAFC 137 cited MARK McKENZIE (SNR), VIVIENNE McKENZIE, ANTHONY CLARK, CECIL BRADY & MICHAEL McKENZIE v STATE OF SOUTH AUSTRALIA AND ABORIGINAL LEGAL RIGHTS MOVEMENT INC No SAD 27 of 2006 FINN J ADELAIDE 30 JUNE 2006 IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 27 OF 2006

BETWEEN: MARK McKENZIE (SNR)

FIRST APPLICANT

VIVIENNE McKENZIE

SECOND APPLICANT

ANTHONY CLARK

THIRD APPLICANT

CECIL BRADY

FOURTH APPLICANT

MICHAEL McKENZIE

FIFTH APPLICANT

AND: STATE OF SOUTH AUSTRALIA

FIRST RESPONDENT

ABORIGINAL LEGAL RIGHTS MOVEMENT INC

SECOND RESPONDENT JUDGE: FINN J

DATE OF ORDER: 30 JUNE 2006

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. Leave be granted to the applicants to discontinue proceeding number SAD 27 of 2006. 2. The applicants pay the respondents' costs of the discontinuance. is dealt with in Order 36 of the Federal Court Rules.