Bodney v Westralia Airports Corporation Pty Ltd [2000] FCA 1609

Bodney v Westralia Airports Corporation Pty Ltd [2000] FCA 1609

The grant or acquisition of land in fee simple by or to Guildford Municipality and subsequently the Commonwealth, whether by direct grant or compulsory process under statutory authority, extinguished all native title that may have otherwise existed in respect of the land. This principle applies equally whether the acquiring entity is the Crown or a private person, and native title, once extinguished, cannot be revived by subsequent reacquisition or registration of title in the Crown. The claim that the Crown owed a fiduciary duty to native title holders or is subject to a constructive trust in this context is not supported by current Australian law, and no procedural deficiencies in...

Jurisdiction
Australia
Judgment Date
13 November 2000
Procedural Posture
Application for Determination of Native Title / Judgment on Separate Questions; Prior to Further Trial
Outcome
Native title extinguished; questions on separate determination answered mostly in favour of respondents; further issues to be set down if necessary.
Legal Topics
['extinguishment of Native Title' 'acquisition of Land by the Crown' 'compulsory Acquisition' 'fiduciary Duties and Constructive Trust' 'crown to Crown Land Transactions']
['native Title' 'real Property Law' 'administrative Law' 'equity'] ['extinguishment of Native Title' 'acquisition of Land by the Crown' 'compulsory Acquisition' 'fiduciary Duties and Constructive Trust' 'crown to Crown Land Transactions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Determination of Native Title / Judgment on Separate Questions; Prior to Further Trial

Legal Issues

  1. 1 ['Whether grants or acquisitions of an estate in fee simple by/to Guildford Municipality or the Commonwealth extinguished native title in the relevant land.' 'Whether native title, once extinguished, can be revived when land returns to or is re-acquired by the Crown.' 'Whether Guildford Municipality was to be regarded as representing the Crown for the purposes of extinguishment.' 'Whether the Crown owed a fiduciary duty to indigenous people in relation to dealings that extinguished native title, and what remedies might flow from breach of such a duty.' 'Whether procedural defects or lack of notification in compulsory acquisition processes by the Commonwealth affected the extinguishment of native title.']

Ratio Decidendi

The grant or acquisition of land in fee simple by or to Guildford Municipality and subsequently the Commonwealth, whether by direct grant or compulsory process under statutory authority, extinguished all native title that may have otherwise existed in respect of the land. This principle applies equally whether the acquiring entity is the Crown or a private person, and native title, once extinguished, cannot be revived by subsequent reacquisition or registration of title in the Crown. The claim that the Crown owed a fiduciary duty to native title holders or is subject to a constructive trust in this context is not supported by current Australian law, and no procedural deficiencies in...

Court Disposition

Native title extinguished; questions on separate determination answered mostly in favour of respondents; further issues to be set down if necessary.

Orders

  • ['1. Separate questions answered as follows: 1. Yes. 2. Yes. 3. To the extent native title had not previously been extinguished, yes. 4. Native title had previously been extinguished. 5(a). No. 5(b). Does not arise. 5(c). Yes. 6-8. Unnecessary to answer.' 'Matter to be set down to deal with any consequential matters.']