Greenwood J
In this matter, Greenwood J considered issues relating to an applicant under s 66B of the Native Title Act 1993 (Cth) (NTA) and whether an order of costs should be made under s 85A of the NTA.
The hearing was set to determine whether Larry Woosup, Beverley Mamoose and Richard Woosup would be removed as applicants to the native title determination. Larry Woosup sought an adjournment of the determination of this matter so that he could provide affidavit evidence relevant to whether an order should be made under s 66B. Greenwood J determined that Larry Woosup ought to be given the opportunity to provide such evidence and be heard on those issues. The matter relating to s 66B was adjourned.
In relation to costs, Greenwood J stated that Larry Woosup had acted unreasonably as he had plenty of time to file the affidavit but did not do so. As the hearing could not proceed, Larry Woosup and Beverley Mamoose were ordered to pay the costs of all parties. Greenwood J stated that costs had been ‘literally thrown away… in an area where the provision of funds for advancing the interests of native title people in this country are precious and can never be wasted.’