Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Peterson on behalf of the Wunna Nyiyaparli People v State of Western Australia (No 2) [2017] FCA 289 File numbers: WAD 22 of 2012 WAD 6280 of 1998 WAD 196 of 2013
Judge: WHITE J
Date of judgment: 23 March 2017
Catchwords: NATIVE TITLE – costs application made by one native title applicant (the Nyiyaparli) against another (the Wunna Nyiyaparli) on the basis it had acted unreasonably in relation to its claim for the determination of native title – held that it had not been unreasonable for the Wunna Nuiyaparli to seek to establish that they were part of the claim group but that it was unreasonable for them to have failed to comply with the Court's orders in relation to the proceedings – held that the Wunna Nyiyaparli applicant should bear the costs of the Nyiyaparli applicant which were unnecessarily incurred.
Legislation: Native Title Act 1993 (Cth) s 85A
Cases cited: Cheedy on behalf of the Yindjibarndi People v Western Australia (No 2) [2011] FCAFC 163; (2011) 199 FCR 23 Oil Basins Ltd v Watson [2014] FCAFC 154
Date of hearing: Determined on the papers
Date of last submissions: The Wunna Nyiyaparli Applicant did not provide submissions 10 January 2017 (Nyiyaparli Applicant) The Nyiyaparli #3 Applicant did not provide submissions The Respondents did not provide submissions
Registry: Western Australia
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