Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 7) [2015] FCA 1404

FEDERAL COURT OF AUSTRALIA

Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 7) [2015] FCA 1404 Citation: Watson on behalf of the Nyikina Mangala People v State of Western Australia (No 7) [2015] FCA 1404

Parties: JOHN WATSON AND OTHERS ON BEHALF OF THE NYIKINA MANGALA PEOPLE v STATE OF WESTERN AUSTRALIA & ORS and OIL BASINS LIMITED ACN 006 024 764

File number: WAD 6099 of 1998

Judge: BARKER J

Date of judgment: 9 December 2015

Catchwords: COSTS – costs order in favour of claimants – review of taxation of costs – whether respondent liable to indemnify claimants in respect of any costs where claimants had no liability to pay any costs to solicitor on record or native title representative body – whether Far West Coast Native Title Claim v State of South Australia (No 8) [2014] FCA 635 applied – whether Far West Coast Native Title Claim should be distinguished because a community legal service is not prohibited from providing legal services and is entitled to be subrogated to the rights of an assisted person to costs in respect of legal assistance under Legal Practitioners Act 1981 (SA) – Far West Coast Native Title Claim followed – a native title representative body that incurs legal costs in performing its statutory function under the Native Title Act 1993 (Cth) is entitled to recover costs – taxation not reviewed COSTS – review of taxation of costs – whether items in bill of costs claiming travel allowances should be disallowed – remittance advices attached to bill of costs sufficient to support items claimed as travel allowances – taxation not reviewed COSTS – review of taxation of costs – whether items in bill of costs claiming flights and accommodation expenses should be disallowed – no manifest error demonstrated in taxing officer's exercise of discretion – taxation not reviewed