Harrington-Smith on behalf of The Wongatha People v State of Western Australia [2002] FCA 184

Harrington-Smith on behalf of The Wongatha People v State of Western Australia [2002] FCA 184

The Chamber does not have, of itself, any interest which may be affected by the determination in the proceedings, and its representative or participatory role is not sufficient to satisfy the requirement of s 84(5).

Parties
Applicants: Ron Harrington-Smith, Leo Thomas, Cyril Barnes & Others on behalf of the Wongatha People; Respondents: The State of Western Australia & Others; Applicant on the Motion: Chamber of Minerals and Energy of Western Australia Inc
Jurisdiction
Australia
Judgment Date
11 February 2002
Procedural Posture
Native Title Application / Interlocutory Motion (application to Be Joined as Respondent)
Outcome
Motion dismissed; costs reserved
Legal Topics
Joinder of Parties, Standing, Native Title Act 1993 (cth) S 84(5), S 84 B
Native Title Joinder of Parties Standing Native Title Act 1993 (cth) S 84(5), S 84 B

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Parties

Ron Harrington-Smith, Leo Thomas, Cyril Barnes & Others on behalf of the Wongatha People

Applicants

The State of Western Australia & Others

Respondents

Chamber of Minerals and Energy of Western Australia Inc

Applicant on the Motion

Procedural Posture

Native Title Application / Interlocutory Motion (application to Be Joined as Respondent)

Legal Issues

  1. 1 Whether the Chamber of Minerals and Energy of Western Australia Inc has interests which may be affected by a determination in the native title proceeding under subs 84(5) of the Native Title Act 1993 (Cth)

Ratio Decidendi

The Chamber does not have, of itself, any interest which may be affected by the determination in the proceedings, and its representative or participatory role is not sufficient to satisfy the requirement of s 84(5).

Court Disposition

Motion dismissed; costs reserved

Orders

  • The motion brought by the Chamber of Minerals and Energy of Western Australia Inc by notice of motion filed on 25 January 2002 be dismissed.
  • The question of the costs of the motion be reserved.