Sambo v State of Western Australia [2009] FCA 940

Sambo v State of Western Australia [2009] FCA 940

Given the assurance from the applicant's solicitors, the imminent possibility of resolving internal disputes and amending the claim, and ongoing arrangements to hold a claim group meeting, the application should not be dismissed at this stage under s 190F(6) of the Native Title Act 1993 (Cth).

Jurisdiction
Australia
Judgment Date
24 August 2009
Procedural Posture
Native Title Application / Consideration of Dismissal Under S 190 F(6) of the Native Title Act 1993 (cth)
Outcome
Application not dismissed
Legal Topics
['discretionary Power of Court to Dismiss Native Title Application' 'native Title Act 1993 (cth) S 190 F(6)' 'dismissal for Failure to Amend After Registration Test' 'court Procedures in Native Title Cases']
['native Title'] ['discretionary Power of Court to Dismiss Native Title Application' 'native Title Act 1993 (cth) S 190 F(6)' 'dismissal for Failure to Amend After Registration Test' 'court Procedures in Native Title Cases']

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Procedural Posture

Native Title Application / Consideration of Dismissal Under S 190 F(6) of the Native Title Act 1993 (cth)

Legal Issues

  1. 1 ['Whether the application should be dismissed under s 190F(6) of the Native Title Act 1993 (Cth) for failure to amend since failure of registration test and whether there is any other reason it should not be dismissed']

Ratio Decidendi

Given the assurance from the applicant's solicitors, the imminent possibility of resolving internal disputes and amending the claim, and ongoing arrangements to hold a claim group meeting, the application should not be dismissed at this stage under s 190F(6) of the Native Title Act 1993 (Cth).

Court Disposition

Application not dismissed

Orders

  • ['The application will not at this stage be dismissed pursuant to s 190F(6) of the Native Title Act 1993 (Cth)']