Cheedy on behalf of the Yindjibarndi People v State of Western Australia (No 2) [2010] FCA 1154

FEDERAL COURT OF AUSTRALIA

Cheedy on behalf of the Yindjibarndi People v State of Western Australia (No 2) [2010] FCA 1154 Citation: Cheedy on behalf of the Yindjibarndi People v State of Western Australia (No 2) [2010] FCA 1154

Appeal from: FMG Pilbara Pty Ltd/Ned Cheedy and Others on behalf of the Yindjibarndi People/Western Australia [2009] NNTTA 91 FMG Pilbara Pty/Wintawari Guruma Aboriginal Corporation/Ned Cheedy and Others on behalf of the Yindjibarndi People/Western Australia[2009] NNTTA 99

Parties: NED CHEEDY AND OTHERS ON BEHALF OF THE YINDJIBARNDI PEOPLE v STATE OF WESTERN AUSTRALIA and FMG PILBARA PTY LTD NED CHEEDY AND OTHERS ON BEHALF OF THE YINDJIBARNDI PEOPLE v STATE OF WESTERN AUSTRALIA, FMG PILBARA PTY LTD and WINTAWARI GURUMA ABORIGINAL CORPORATION

File number(s): WAD 161 of 2009 WAD 168 of 2009

Judge: MCKERRACHER J

Date of judgment: 26 October 2010

Catchwords: COSTS – costs on appeal – whether provisions of Native Title Act 1993 (Cth) particularly s 85A can be taken into account in the exercise of the discretion to award costs – s 43 of the Federal Court of Australia Act 1976 (Cth)

Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Native Title Act 1993 (Cth) ss 85A, 169, 213(2)

Cases cited: Cheedy on behalf of the Yindjibarndi People v State of Western Australia[2010] FCA 690 Fesl v Delegate of the Native Title Registrar (No 2) (2008) 173 FCR 176 FMG Pilbara Pty Ltd v Cox and Others (2009) 175 FCR 141 Lardil Peoples v Queensland (2001) 108 FCR 453 Latoudis v Casey (1990) 170 CLR 534 Murray v Registrar, National Native Title Tribunal (2003) 132 FCR 402 Reid v South Australia [2007] FCA1479