Wintawari Guruma Aboriginal Corporation RNTBC v State of Western Australia [2015] FCA 1053

Wintawari Guruma Aboriginal Corporation RNTBC v State of Western Australia [2015] FCA 1053

WGAC lacked capacity to bring either application because the trusts created by the consent determinations extended only to the native title rights and interests in the land and waters determined by Bennett J, not to land outside those determinations; s 64(1) precluded adding areas not covered by the original Eastern Guruma application; and no authorisation under s 251B supported a new native title claim over the additional area. The applications were fundamentally misconceived, an abuse of process, and unreasonably brought late so as to justify indemnity costs.

Jurisdiction
Australia
Judgment Date
25 September 2015
Procedural Posture
Native Title Proceedings: Application to Vary Approved Determinations of Native Title and Interlocutory Joinder Application / Reasons for Dismissal of Applications and Indemnity Costs Orders
Outcome
Both WGAC's revised application and joinder application were dismissed, and WGAC was ordered to pay the Yindjibarndi applicant's costs on an indemnity basis.
Legal Topics
['joinder Under S 84(5) of the Native Title Act 1993 (cth)' 'variation of Approved Determination of Native Title Under S 13(1)(b) of the Native Title Act 1993 (cth)' 'registered Native Title Body Corporate Authority' 'authorisation Under S 251 B of the Native Title Act 1993 (cth)' 'indemnity Costs']
['native Title' 'civil Procedure' 'costs'] ['joinder Under S 84(5) of the Native Title Act 1993 (cth)' 'variation of Approved Determination of Native Title Under S 13(1)(b) of the Native Title Act 1993 (cth)' 'registered Native Title Body Corporate Authority' 'authorisation Under S 251 B of the Native Title Act 1993 (cth)' 'indemnity Costs']

Case Brief

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Procedural Posture

Native Title Proceedings: Application to Vary Approved Determinations of Native Title and Interlocutory Joinder Application / Reasons for Dismissal of Applications and Indemnity Costs Orders

Legal Issues

  1. 1 ['Whether WGAC had any apparent legal foundation or capacity to bring the revised application and joinder application.' 'Whether a registered native title body corporate appointed as trustee for determined native title rights and interests could assert rights over land and waters outside the determination areas.' 'Whether s 64(1) of the Native Title Act 1993 (Cth) precluded variation to include land or waters not covered by the original application.' "Whether WGAC should pay the Yindjibarndi applicant's costs on an indemnity basis."]

Ratio Decidendi

WGAC lacked capacity to bring either application because the trusts created by the consent determinations extended only to the native title rights and interests in the land and waters determined by Bennett J, not to land outside those determinations; s 64(1) precluded adding areas not covered by the original Eastern Guruma application; and no authorisation under s 251B supported a new native title claim over the additional area. The applications were fundamentally misconceived, an abuse of process, and unreasonably brought late so as to justify indemnity costs.

Court Disposition

Both WGAC's revised application and joinder application were dismissed, and WGAC was ordered to pay the Yindjibarndi applicant's costs on an indemnity basis.

Orders

  • ['In WAD 434 of 2015, the proceedings be dismissed.' 'In WAD 6005 of 2003, the interlocutory application filed on 11 August 2015 be dismissed.' 'In WAD 434 of 2015, order 2 pronounced on 25 August 2015 be set aside.' 'In WAD 434 of 2015, the applicant pay the costs of the respondent, that is the applicant in...