Case D11/2018

The Northern Territory of Australia v Sangare

Case No.


Case Information

Lower Court Judgment

3/08/2018 Supreme Court of the Northern Territory (Court of Appeal) (Southwood J, Kelly J, Blokland J)

[2018] NTCA 10


Costs – Discretion to award costs – Impecuniosity – Where Department of Infrastructure offered employment to respondent – Where respondent sought support for skilled migration visa application from Minister for Infrastructure – Where Departmental officers provided briefing to Minister – Where respondent alleged briefing contained defamatory material fabricated by Department – Where respondent commenced proceedings seeking damages for publication of defamatory statements in briefing – Where Supreme Court dismissed claim – Where Court of Appeal dismissed respondent’s appeal – Where Court of Appeal declined to award appellant costs because respondent impecunious – Whether Court of Appeal erred in refusing to award costs because respondent unlikely to be able to pay any costs awarded against him.

Short Particulars


05/12/2018 Determination (SLA, Canberra)

19/12/2018 Notice of appeal

21/12/2018 Hearing (Single Justice, Sydney v/link Darwin)

23/01/2019 Written submissions (Appellant)

23/01/2019 Chronology (Appellant)

20/02/2019 Written submissions (Mr Crawley SC as Amicus curiae)

13/03/2019 Reply (Appellant)

11/04/2019 Hearing (Full Court, Brisbane)

11/04/2019 Outline of oral argument (Appellant)

11/04/2019 Outline of oral argument (Amicus Curiae)

14/08/2019 Judgment (Judgment summary)