Campbell v Northern Territory of Australia (No 4) [2021] FCA 1413

Federal Court of Australia

Campbell v Northern Territory of Australia (No 4) [2021] FCA 1413 File number: ACD 41 of 2017

Judgment of: WHITE J

Date of judgment: 16 November 2021

Catchwords: COSTS – Respondents' application for party-party costs, and in part for indemnity costs following the dismissal of the Applicant's claim – Applicant seeks an order that each party bear their own costs – whether the proceedings were a test case or involved a significant public interest dimension – consideration of whether settlement offers were rejected unreasonably – Respondents' settlement offer uncertain – Applicant ordered to pay Respondents' costs – Respondents' claim for indemnity costs rejected.

Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO Federal Court of Australia Act 1976 (Cth) s 43 Racial Discrimination Act 1975 (Cth) Federal Court Rules 2011 (Cth) r 25.14 Youth Justice Act 2005 (NT) s 215(2)

Cases cited: Australian Health & Nutrition Association Ltd v Irrewarra Estate Pty Ltd [2012] FCA 892 Campbell v Northern Territory of Australia (No 3) [2021] FCA 1089 Chaina v Alvaro Homes Pty Ltd [2008] NSWCA 353 Colgate-Palmolive Company v Cussons Pty Ltd [1993] FCA 536; (1993) 46 FCR 225 Commissioner of Australian Federal Police v Zhang (No 2) [2016] VSCA 191; (2016) 310 FLR 482 DBE17 v Commonwealth of Australia (No 2) [2018] FCA 1793 Delta Electricity v Blue Mountains Conservation Society Inc [2010] NSWCA 263 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 Hamod v New South Wales [2002] FCAFC 97; (2002) 188 ALR 659 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2011] FCAFC 141 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 Smallacombe v Lockyer Investment Co Pty Ltd (1993) 42 FCR 97 The State of Western Australia v Collard [2015] WASCA 86