Stock v Native Title Registrar (No 2) [2014] FCA 202

FEDERAL COURT OF AUSTRALIA

Stock v Native Title Registrar (No 2) [2014] FCA 202 Citation: Stock v Native Title Registrar (No 2) [2014] FCA 202

Parties: DAVID STOCK, GORDON YULINE, RAYMOND DRAGE, VICTOR PARKER & BILLY CADIGAN IN THEIR CAPACITY AS THE REGISTERED NATIVE TITLE CLAIMANT FOR THE NYIYAPARLI PEOPLE'S NATIVE TITLE CLAIM (WAD 6280 OF 1998) v THE NATIVE TITLE REGISTRAR & HER DELEGATE, STEPHEN RIVERS-MCCOMBS and BETTY PETERSON, ERNEST WILLIAM COFFIN, MARJORIE DRAGE, AILSA ROY AND STEPHEN PETERSON IN THEIR CAPACITY AS THE REGISTERED NATIVE TITLE CLAIMANT IN THE WUNNA NYIYAPARLI PEOPLE'S NATIVE TITLE CLAIM (WAD 22 OF 2012)

File number: WAD 154 of 2012

Judge: BARKER J

Date of judgment: 12 March 2014

Catchwords: COSTS – application for judicial review of Native Title Registrar's decision unsuccessful – whether costs order should be made in favour of second respondents – whether s 85A Native Title Act 1993 (Cth) applies such that each party must bear his or her own costs – judicial review proceeding is not a proceeding that relevantly "relates to native title" for the purposes of costs order – factors relevant to Court's discretion to award costs – whether public interest warrants departure from ordinary rule as to costs – whether costs should be fixed or taxed

Legislation: Federal Court of Australia Act 1976 (Cth) s 43, s 43(2) Native Title Act 1993 (Cth) s 61, s 80, s 81, s 84B, s 85, s 85A, s 85A(1), s 85A(2), s 169 Federal Court Rules 2011 (Cth) R 40.02(b)

Cases cited: Carey v Freehills [2014] FCA 132 Cheedy v State of Western Australia (No 2) [2011] FCAFC 163; (2011) 199 FCR 23 Gondarra v Minister for Families, Housing, Community Services and Indigenous Affairs [2014] FCA 139 Northern Territory of Australia v Doepel (No 2) [2004] FCA 46 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Stock v Native Title Registrar [2013] FCA 1290