Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Stevens v Wintawari Guruma Aboriginal Corporation RNTBC (No 2) [2016] FCA 747 File number: WAD 374 of 2015
Judge: BARKER J
Date of judgment: 24 June 2016
Catchwords: COSTS – appropriate costs orders following partial success of principal proceeding – where successful party withdrew subpoenas on day of hearing to set aside – where Court allowed successful party to adjourn issues seven days prior to trial – where successful party failed on some issues – whether costs should follow the event – whether costs should be ordered in relation to different parts of the proceeding under s 43(3)(b) of the Federal Court of Australia Act 1976 (Cth)
Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) Federal Court of Australia Act 1976 (Cth) s 43(3)(b), 43(3)(e)
Cases cited: Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies Pty Ltd (No 2) [2016] FCAFC 76 Bowen v Alsanto Nominees Pty Ltd [2011] WASCA 39 (S) Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40-748 Stevens v Wintawari Guruma Aboriginal Corporation RNTBC [2016] FCA 149 Telstra Corporation Limited v Australian Competition Tribunal (No 2) [2009] FCAFC 34
Date of hearing: Determined on the papers
Date of last submissions: 2 March 2016
Registry: Western Australia
Division: General Division
National Practice Area: Native Title
Category: Catchwords
Number of paragraphs: 37
Counsel for the Applicants: Mr MP Costello
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