Northern Land Council v Quall (No 2) [2019] FCAFC 101

Northern Land Council v Quall (No 2) [2019] FCAFC 101

The Northern Land Council did not have power to delegate its certification functions under s 203BE(1)(b) of the Native Title Act 1993 (Cth) to its Chief Executive Officer; consequently, the appellants' interlocutory application and appeal are dismissed, and the cross-appeal is allowed.

Jurisdiction
Australia
Judgment Date
19 June 2019
Procedural Posture
Appeal and Cross Appeal / Post Judgment Orders
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
['delegation of Certification Functions' 'native Title Act 1993 (cth)' 'declaratory Relief' 'costs']
['native Title'] ['delegation of Certification Functions' 'native Title Act 1993 (cth)' 'declaratory Relief' 'costs']

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Procedural Posture

Appeal and Cross Appeal / Post Judgment Orders

Legal Issues

  1. 1 ['Whether the Northern Land Council had power to delegate its certification functions under s 203BE(1)(b) of the Native Title Act 1993 (Cth) to its Chief Executive Officer']

Ratio Decidendi

The Northern Land Council did not have power to delegate its certification functions under s 203BE(1)(b) of the Native Title Act 1993 (Cth) to its Chief Executive Officer; consequently, the appellants' interlocutory application and appeal are dismissed, and the cross-appeal is allowed.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • ["The appellants' interlocutory application dated 27 September 2018 be dismissed." 'The appeal be dismissed.' 'The cross-appeal be allowed.' "The appellants are to pay the respondents' costs of and incidental to the appeal and the cross-appeal, as agreed or assessed." 'The first appellant did not have power to...