Northern Territory v Sangare [2019] HCA 25

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE AND NETTLE JJ

NORTHERN TERRITORY OF AUSTRALIA APPELLANT

AND

SOULEYMANE SANGARE RESPONDENT

Northern Territory v Sangare [2019] HCA 25 14 August 2019 D11/2018

ORDER

1. Appeal allowed.

2. The respondent pay the appellant's costs of and incidental to the proceedings in the Supreme Court of the Northern Territory and the Court of Appeal of the Northern Territory.

3. The respondent pay the appellant's costs of the appeal to this Court.

On appeal from the Supreme Court of the Northern Territory

Representation

S L Brownhill SC, Solicitor-General for the Northern Territory, with L S Peattie for the appellant (instructed by Solicitor for the Northern Territory)

Submitting appearance for the respondent

M A Crawley SC with M J M Littlejohn appearing as amicus curiae (instructed by Miles Crawley, SC)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Northern Territory v Sangare

Practice and procedure – Costs – Where respondent commenced defamation proceedings against appellant – Where appellant wholly successful on appeal and at first instance – Where appellant sought order that respondent pay its costs – Where Court of Appeal made no order as to costs because respondent's impecuniosity would likely render order futile – Whether appellant entitled to order for costs – Whether impecuniosity of unsuccessful party can alone justify decision to deny successful party its costs.

Words and phrases – "award", "costs", "discretion as to costs", "futility", "impecuniosity", "indemnity", "litigant-in-person", "litigation", "matters relating to costs", "successful party", "unmeritorious litigation", "unsuccessful party".

Northern Territory Supreme Court Act 1961 (Cth), s 18. Supreme Court Act 1979 (NT), ss 14(1), 55(1), 71. Supreme Court Rules 1987 (NT), r 63.03.