Sainty, R. & Anor v Allen, J. & Ors [1995] FCA 599

Sainty, R. & Anor v Allen, J. & Ors [1995] FCA 599

There are serious questions of law and fact relating to entitlement to possession; balance of convenience strongly favours requiring delivery up and safe custody of the relics pending final determination, given the respondents’ past conduct and failure to comply with conditions and directions.

Parties
First Applicant: Roy Sainty; Second Applicant: The Tasmanian Aboriginal Land Council Aboriginal Corporation; First Respondent: Jim Allen; Second Respondent: Tim Murray; Third Respondent: Latrobe University
Jurisdiction
Australia
Judgment Date
28 July 1995
Procedural Posture
Civil / Interlocutory Orders and Reasons for Decision
Outcome
Interlocutory orders for delivery and safe keeping of relics; adjourned for further directions hearing.
Legal Topics
Crown Property, Aboriginal Relics, Permits for Removal and Custody of Relics
Property Law Administrative Law Crown Property Aboriginal Relics Permits for Removal and Custody of Relics

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Parties

Roy Sainty

First Applicant

The Tasmanian Aboriginal Land Council Aboriginal Corporation

Second Applicant

Jim Allen

First Respondent

Tim Murray

Second Respondent

Latrobe University

Third Respondent

Procedural Posture

Civil / Interlocutory Orders and Reasons for Decision

Legal Issues

  1. 1 Whether respondents are entitled to retain possession of relics obtained under permits issued pursuant to the Aboriginal Relics Act 1975 (Tasmania)
  2. 2 Authority of Minister and Director to grant/extend permits or vary conditions
  3. 3 Obligations imposed by permits and Minister's directions

Ratio Decidendi

There are serious questions of law and fact relating to entitlement to possession; balance of convenience strongly favours requiring delivery up and safe custody of the relics pending final determination, given the respondents’ past conduct and failure to comply with conditions and directions.

Court Disposition

Interlocutory orders for delivery and safe keeping of relics; adjourned for further directions hearing.

Orders

  • Paragraph 2 of the 5 July 1995 order discharged.
  • Respondents to deliver artefacts, relics, and material obtained under specified permits into possession of Second Applicant for transport and safe keeping at Museum of Victoria.