Northern Land Council v Quall (No 3) [2021] FCAFC 2

Northern Land Council v Quall (No 3) [2021] FCAFC 2

Leave should be granted under s 27 of the Federal Court of Australia Act 1976 (Cth) to admit the 2001 NLC resolution and supporting affidavit as further evidence because their absence was not deliberate, their contents are dispositive, and the certification function was duly delegated to the CEO under s 27(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). As such, the certificate signed by the CEO for the Kenbi ILUA was valid, and the appeal should be allowed.

Parties
First Appellant: Northern Land Council; Second Appellant: Joe Morrison as Chief Executive Officer of the Northern Land Council; First Respondent: Kevin Lance Quall; Second Respondent: Eric Fejo; Intervener: Northern Territory of Australia
Jurisdiction
Australia
Judgment Date
18 January 2021
Procedural Posture
Appeal / On Remitter Following High Court Remission; Application for Leave to Adduce Further Evidence and Substantive Appeal Resolution
Outcome
Appeal allowed
Legal Topics
Admission of Further Evidence on Appeal, Delegation of Statutory Functions, Certification Process Under Native Title Act, Representative Body Powers, Procedural Fairness
Practice and Procedure Native Title Admission of Further Evidence on Appeal Delegation of Statutory Functions Certification Process Under Native Title Act Representative Body Powers Procedural Fairness

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Parties

Northern Land Council

First Appellant

Joe Morrison as Chief Executive Officer of the Northern Land Council

Second Appellant

Kevin Lance Quall

First Respondent

Eric Fejo

Second Respondent

Northern Territory of Australia

Intervener

Procedural Posture

Appeal / On Remitter Following High Court Remission; Application for Leave to Adduce Further Evidence and Substantive Appeal Resolution

Legal Issues

  1. 1 Whether further evidence should be admitted on appeal under s 27 of the Federal Court of Australia Act 1976 (Cth)
  2. 2 Whether the certification function under s 203BE(1)(b) of the Native Title Act 1993 (Cth) was duly delegated by the Northern Land Council to its CEO under s 27(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)

Ratio Decidendi

Leave should be granted under s 27 of the Federal Court of Australia Act 1976 (Cth) to admit the 2001 NLC resolution and supporting affidavit as further evidence because their absence was not deliberate, their contents are dispositive, and the certification function was duly delegated to the CEO under s 27(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). As such, the certificate signed by the CEO for the Kenbi ILUA was valid, and the appeal should be allowed.

Court Disposition

Appeal allowed

Orders

  • Appellants have leave under s 27 of the Federal Court of Australia Act 1976 (Cth) to rely on further evidence, being the affidavit dated 26 September 2018 by Tamara Simone Cole and annexures including the 2001 resolution.
  • Appeal allowed.