Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kemppi v Adani Mining Pty Ltd (No 5) [2018] FCA 2104 File number: QUD 194 of 2017
Judge: REEVES J
Date of judgment: 21 December 2018
Catchwords: COSTS – application for costs – whether there should be a departure from the usual rule that costs ordinarily follow the event – whether there are circumstances justifying some other order – whether this proceeding was being pursued in the public interest – whether issues concerning the construction of the Native Title Act 1993 (Cth) justified departure from the usual rule
Legislation: Federal Court of Australia Act 1976 (Cth) Native Title Act 1993 (Cth) Native Title (Indigenous Land Use Agreements) Regulations 1999 (Cth)
Cases cited: Burragubba v Queensland (2015) 236 FCR 160; [2015] FCA 1163 Burragubba v State of Queensland [2016] FCA 1525 Burragubba v State of Queensland (No 2) [2018] FCAFC 65 Kemppi v Adani Mining Pty Ltd [2018] FCA 1245 Oshlack v Richmond River Council (1998) 193 CLR 72; [1998] HCA 11
Date of last submissions: 14 September 2018
Registry: Queensland
Division: General Division
National Practice Area: Native Title
Category: Catchwords
Number of paragraphs: 9
Counsel for the Applicants: Mr S Keim SC
Solicitor for the Applicants: Just Us Lawyers
Counsel for the First Respondent: Mr AC Stumer
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