North Australian Aboriginal Legal Aid Service Inc v Bradley (No 2)

The case of North Australian Aboriginal Legal Aid Service Inc v Bradley (No 2) involved the North Australian Aboriginal Legal Aid Service Inc (NAALAS) as the plaintiff and Bradley as the defendant. The dispute centered around NAALAS' application to introduce additional evidence, specifically affidavits from Michael Jones and Stephen Southwood, which the respondents objected to on the grounds that it pertained to the initiation of the proceedings rather than their conduct. The case was heard in the Supreme Court of the Northern Territory.

The primary legal issue before the court was whether the additional evidence sought by NAALAS was admissible. The respondents argued that the affidavits were irrelevant to the conduct of the case and were instead related to the circumstances under which the proceedings were initiated. The court had to determine the admissibility of this evidence and its relevance to the case, considering whether it was connected to the manner in which the proceedings were conducted.

The court held that the additional evidence was not admissible as it pertained to the circumstances under which the proceedings were initiated, rather than their conduct. The court exercised its discretion in line with the principles established in Donald Campbell & Co Ltd v Pollak, confirming that the court has an absolute and unfettered discretion to award or not award costs, and it must be exercised judicially. The court found that NAALAS was entitled to an order for its costs due to successfully resisting challenges to its standing and the justiciability of its claims. However, the court granted a reduction in costs due to the nature of some aspects of the proceedings being characterized as "public interest litigation." Consequently, NAALAS was ordered to pay 70% of the respondents' costs of the principal proceeding, including reserved costs and the costs of the motion for costs, which were to be taxed in default of agreement.

The final orders of the court mandated that NAALAS pay 70% of the costs of the principal proceeding, including reserved costs and the costs of the motion for costs, to both the first and second respondents. These costs were to be taxed in default of agreement.