NSW Caselaw
Land and Environment Court of New South Wales CITATION: Birrigan Gargle Aboriginal Land Council -V- Minister Administering the Crown Lands Act [1999] NSWLEC 123
PARTIES APPLICANT Birrigan Gargle Aboriginal Land Council
RESPONDENT Minister Administering the Crown Lands Act
NUMBER: 30052 of 1996
CORAM: Bignold J
KEY ISSUES: Costs :- Class 3 proceedings Court's costs power-appropriateness of applying compensatory principle
LEGISLATION CITED: Aboriginal Land Rights Act 1983 Land and Environment Court Act 1979
DATES OF HEARING: 05/17/1999
DATE OF JUDGMENT DELIVERY: 05/31/1999
APPLICANT Mr J Basten QC
Solicitors: Andrew Chalk Associates
LEGAL REPRESENTATIVES: RESPONDENT Mr J B Maston, Barrister
Solicitors: State Crown Solicitor
JUDGMENT: TABLE OF CONTENTS
A. INTRODUCTION 1-4 B. THE COURT'S DISCRETION IN RESPECT OF COSTS 5-38 C. HOW SHOULD THE COSTS DISCRETION BE EXERCISED IN THE PRESENT CASE? 39-60 D. CONCLUSIONS AND ORDERS 61
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