Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Tullock v State of Western Australia [2010] FCA 351 Citation: Tullock v State of Western Australia [2010] FCA 351
Parties: LES TULLOCK, FRIDAY JONES, ELISABETH WONYABONG and CYRIL BINGHAM v STATE OF WESTERN AUSTRALIA
File number: WAD 248 of 2007
Judge: GILMOUR J
Date of judgment: 13 April 2010
Catchwords: NATIVE TITLE – costs – application by applicant for costs against the applicant on the motion pursuant to s 85A of the Native Title Act 1993 (Cth) – whether costs incurred by unreasonable act or omission of applicant on the motion – motion without merit – costs awarded on indemnity basis
Legislation: Native Title Act 1993 (Cth) s 61, 81, 85A Federal Court Act 1976 (Cth) s 43
Cases cited: Davidson v Fesl (No 2) [2005] FCAFC 274 De Rose v South Australia [2005] FCAFC 137 O'Mara v Minister for Lands [2008] FCA 84 Reid v South Australia [2007] FCA 1479 Ward v Western Australia (1999) 93 FCR 305
Date of submissions: 5 August 2009
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 29
Counsel for the Applicant: Mr G Irving
Solicitor for the Applicant: Central Desert Native Title Services
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