High Court of Australia
High Court of Australia Gleeson CJ Gaudron, McHugh, Gummow, Kirby, Hayne and Callinan JJ Yanner v Eaton [No 2] (B52/1998) [1999] HCA 69
Summary Practice and procedure - Costs - Whether successful appellant entitled to costs of appeals in summary criminal proceedings. Justices Act 1886 (Q), ss 214, 273(2). ORDER
1. Appeal allowed.
2. Set aside the orders of the Court of Appeal of the Supreme Court of Queensland made on 27 February 1998; and in lieu thereof, order that the order nisi of Williams J dated 28 November 1996 be discharged.
3. Order that each of the Attorney-General of the Commonwealth, the Attorney-General of the State of Western Australia, the Attorney-General of the State of South Australia and the Attorney-General of the Northern Territory pay to the appellant the additional costs incurred by him by reason of the intervention of that Attorney-General, such additional costs to be taxed.
4. The question of costs in respect of the proceedings in this Court and in the Court of Appeal of the Supreme Court of Queensland be reserved.
5. The appellant is to have leave to file and serve, within fourteen days of the date of this order, written submissions on the reserved question of costs.
6. The respondent is to have leave to file and serve, within a further fourteen days, written submissions on the reserved question of costs.
Respondent to pay appellant's costs in the Court of Appeal of the Supreme Court of Queensland and in this Court.
Cur adv vult
The following written judgments were delivered: —
7 October 1999 Gleeson CJ, Gaudron, Kirby and Hayne JJ.
1. The appellant is a member of the Gunnamulla clan of the Gangalidda tribe [1] of Aboriginal Australians. Between 31 October and 1 December 1994 he used a traditional form of harpoon to catch two juvenile estuarine crocodiles in Cliffdale Creek in the Gulf of Carpentaria area of Queensland. He and other members of his clan ate some of the crocodile meat; he froze the rest of the meat and the skins of the crocodiles and kept them at his home.
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