Yarmirr v Northern Territory [2000] FCA 48

Yarmirr v Northern Territory [2000] FCA 48

The Court made no order on the notice of motion because it remained unpersuaded of any appellable error: the claim at first instance extended to the inter-tidal waters, was upheld on a non-exclusive basis, and the Arnhem Land Aboriginal Land Trust had not sought to contradict that claim or intervene, leaving no basis to disturb the primary Judge's conclusion or re-open the appeal.

Jurisdiction
Australia
Judgment Date
03 February 2000
Procedural Posture
Appellate Procedure – Application to Re Open Part of Appeal / Full Court Notice of Motion After Dismissal of Appeal and Before Formal Entry of the Order
Outcome
No order on the notice of motion; liberty reserved to apply for costs of the motion by written submissions filed and served within twenty-one days.
Legal Topics
['application to Re Open Appeal' 'inter Tidal Zone Waters' 'native Title Determination' 'aboriginal Land Grant Boundaries']
['appellate Procedure' 'native Title'] ['application to Re Open Appeal' 'inter Tidal Zone Waters' 'native Title Determination' 'aboriginal Land Grant Boundaries']

Case Brief

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Procedural Posture

Appellate Procedure – Application to Re Open Part of Appeal / Full Court Notice of Motion After Dismissal of Appeal and Before Formal Entry of the Order

Legal Issues

  1. 1 ['Whether the Full Court should reconsider and re-open the orders made on 3 December 1999 for the limited purpose of determining ground two of the notice of appeal.' "Whether there was appellable error in the primary Judge's conclusion that the claim extended to, and should be upheld in respect of, the waters of the inter-tidal zone on a non-exclusive basis."]

Ratio Decidendi

The Court made no order on the notice of motion because it remained unpersuaded of any appellable error: the claim at first instance extended to the inter-tidal waters, was upheld on a non-exclusive basis, and the Arnhem Land Aboriginal Land Trust had not sought to contradict that claim or intervene, leaving no basis to disturb the primary Judge's conclusion or re-open the appeal.

Court Disposition

No order on the notice of motion; liberty reserved to apply for costs of the motion by written submissions filed and served within twenty-one days.

Orders

  • ['No order on the notice of motion.' 'Liberty reserved to any party to apply for costs of the motion by written submissions filed and served within twenty-one days.']