Straits Exploration (Australia) Pty Ltd v Kokatha Uwankara Native Title Claimants (No 2)

Straits Exploration (Australia) Pty Ltd appealed to the Full Court of the Supreme Court of South Australia against a decision of the Environment, Resources and Development Court. The dispute concerned native title claims made by the Kokatha Uwankara Native Title Claimants.

The primary legal issue before the Full Court was whether the Environment, Resources and Development Court Judge erred in making no order for costs, despite making findings critical of Straits Exploration (Australia) Pty Ltd and Kelaray.

The Full Court concluded that, notwithstanding the criticisms made by the primary judge against Straits Exploration (Australia) Pty Ltd and Kelaray, no order for costs should be made in respect of the appeal or the judicial review proceeding.

Consequently, the Full Court ordered that there be no order for the costs of the appeal and of the judicial review proceeding.