Laurie v New South Wales Aboriginal Land Council (No 5) [2010] NSWLEC 13

Land and Environment Court of New South Wales

CITATION : Laurie v New South Wales Aboriginal Land Council (No 5) [2010] NSWLEC 13

APPLICANT/FIRST CROSS-DEFENDANT Patricia Helen Laurie FIRST RESPONDENT/CROSS-CLAIMANT New South Wales Aboriginal Land Council SECOND RESPONDENT PARTIES : Registrar, Aboriginal Land Rights Act 1983 SECOND CROSS-DEFENDANT Brian Decelis THIRD CROSS-DEFENDANT Electoral Commissioner of New South Wales FOURTH TO SEVENTH RESPONDENTS ON APPLICANT'S NOTICE OF MOTION DATED 24 JUNE 2009 Andrew Chalk, James Fitzgerald, Jason Behrendt and Dominic Beckett

FILE NUMBER(S) : 40616 of 2008

CORAM: Pain J

COSTS :- should costs be awarded on issues basis - whether respondent successful party - whether disentitling conduct on part of respondent in not seeking relief in Administrative Decisions Tribunal KEY ISSUES: COSTS: - notice of motion joining NSWALC's solicitors as Respondents on motion seeking order that Respondents on motion pay costs of proceedings on indemnity basis - allegation that Respondent on motion acted as solicitors for Respondent in main proceedings without authority - Respondents on motion seeking costs incurred in preparing for motion when not proceeded with - whether provisions for award of costs where proceedings discontinued analagous - court should not determine substantive issues in application for costs

Aboriginal Land Rights Act 1983 s 132, 135 LEGISLATION CITED: Civil Procedure Act 2005 s 98 Uniform Civil Procedure Rules r 6.2, 12.1, 42.1, 42.3, 42.19