Anderson v Jali Local Aboriginal Land Council (No 2) [2009] NSWLEC 222

Land and Environment Court of New South Wales

CITATION : Anderson v Jali Local Aboriginal Land Council (No 2) [2009] NSWLEC 222

APPLICANT: Susan Anderson PARTIES : RESPONDENT: Jali Local Aboriginal Land Council

FILE NUMBER(S) : 40051 of 2009

CORAM: Biscoe J

KEY ISSUES: COSTS :- class 4 proceedings - whether proceedings were brought in the public interest - whether Court should not make costs order against unsuccessful applicant

LEGISLATION CITED: Aboriginal Land Rights Act 1983 Land and Environment Court Rules 2007, r 4.2(1)

CASES CITED: Anderson v Jali Local Aboriginal Land Council [2009] NSWLEC 162

DATES OF HEARING: 3 December 2009

EX TEMPORE JUDGMENT DATE : 3 December 2009

APPLICANT: Mr A. Oshlack (agent) SOLICITORS: N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr M. Wright (barrister) SOLICITORS: Baker, Mannering & Hart

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

3 December 2009

40051 of 2009

SUSAN ANDERSON v JALI LOCAL ABORIGINAL LAND COUNCIL

EX TEMPORE JUDGMENT 1 HIS HONOUR: The successful respondent in these proceedings seeks an order for costs against the applicant. 2 The proceedings are in class 4 of the Court's jurisdiction where costs normally follow the event. There is provision in the Land and Environment Court Rules 2007 r 4.2(1) that the Court may decide not to make an order for the payment of costs against an unsuccessful applicant if it is satisfied that the proceedings have been brought in the public interest. The applicant's submission, as I understand it, is that no costs order should be made against her because the proceedings were brought in the public interest in that they concerned the extent and scope of the jurisdiction of the Court to hear disputes regulated under the Aboriginal Land Rights Act 1983. The applicant is an Aboriginal person. The respondent is a local Aboriginal land council.