In this matter, Jagot J ordered that the applicant pay the costs of Queensland South Native Title Services (QSNTS) and the applicants on behalf of the Wongkumara people in connection with the proceedings.
On 9 June 2017, Jagot J ordered that the proceedings be summarily dismissed on a number of bases including that the proceeding involved an abuse of process (Booth on behalf of the Kungardutyi Punthamara People v State of Queensland [2017] FCA 638). The remaining issue was costs, which is subject to s 85A of the Native Title Act 1993 Cth (NTA). Her Honour concluded by stating that: ‘In short, the conduct of the applicant in bringing this proceeding was unreasonable. In the circumstances disclosed in the principal judgment it involved a manifest abuse of process. The Wongkumara applicant and QSNTS ought not to have been put to the cost of having to file interlocutory applications to have the proceeding dismissed. They should be compensated for the applicant’s unreasonable conduct by an order for costs in connection with the proceeding’ at [7].