Sandy on behalf of the Yugara People v State of Queensland (No 3) [2015] FCA 210

Sandy on behalf of the Yugara People v State of Queensland (No 3) [2015] FCA 210

The Court has the power to make a negative determination that native title does not exist upon disposal of a native title application, even in the absence of a separate application under section 13 of the Native Title Act. The applicants had a full opportunity to present their case, and procedural fairness has been observed. There is a strong public interest in the finality of litigation, and no reason exists to delay or refrain from making a negative determination.

Parties
First Applicant: Desmond Sandy, Ruth James and Pearl Sandy on behalf of the Yugara/Yugarapul People; Second Applicant: Connie Isaacs and Maroochy Barambah on behalf of the Turrbal People; First Respondent: State of Queensland; Second Respondent: Brisbane City Council; Third Respondent: Moreton Bay Regional Council; Fourth Respondent: Redland City Council; Fifth Respondent: Telstra Corporation; Sixth Respondent: Garry Murphy; Seventh Respondent: Brisbane Port Holdings Pty Ltd; Eighth Respondent: Eddie Ruska; Ninth Respondent: Logan City Council; Eleventh Respondent: Commonwealth of Australia; Twelfth Respondent: The Shell Company of Australia Ltd (ACN 004 610 459); Thirteenth Respondent: Incitec Fertilizers Ltd; Fourteenth Respondent: Moonie Pipeline Company Pty Ltd; Fifteenth Respondent: Centor Australia Pty Ltd; Sixteenth Respondent: Queensland South Native Title Services
Jurisdiction
Australia
Judgment Date
16 March 2015
Procedural Posture
Native Title Determination Application / Final Judgment
Outcome
Application for native title determination dismissed; negative native title determination made
Legal Topics
Power to Make Negative Native Title Determination, Requirements of Application Under Native Title Act, Procedural Fairness in Native Title Claims
Native Title Administrative Law Power to Make Negative Native Title Determination Requirements of Application Under Native Title Act Procedural Fairness in Native Title Claims

Case Brief

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Parties

Desmond Sandy, Ruth James and Pearl Sandy on behalf of the Yugara/Yugarapul People

First Applicant

Connie Isaacs and Maroochy Barambah on behalf of the Turrbal People

Second Applicant

State of Queensland

First Respondent

Brisbane City Council

Second Respondent

Moreton Bay Regional Council

Third Respondent

Redland City Council

Fourth Respondent

Telstra Corporation

Fifth Respondent

Garry Murphy

Sixth Respondent

Brisbane Port Holdings Pty Ltd

Seventh Respondent

Eddie Ruska

Eighth Respondent

Logan City Council

Ninth Respondent

Commonwealth of Australia

Eleventh Respondent

The Shell Company of Australia Ltd (ACN 004 610 459)

Twelfth Respondent

Incitec Fertilizers Ltd

Thirteenth Respondent

Moonie Pipeline Company Pty Ltd

Fourteenth Respondent

Centor Australia Pty Ltd

Fifteenth Respondent

Queensland South Native Title Services

Sixteenth Respondent

Procedural Posture

Native Title Determination Application / Final Judgment

Legal Issues

  1. 1 Whether the Court has power to make a negative determination of native title in the absence of an application under section 13 of the Native Title Act 1993 (Cth)
  2. 2 Whether the Court should exercise the power to make a negative determination in the present circumstances

Ratio Decidendi

The Court has the power to make a negative determination that native title does not exist upon disposal of a native title application, even in the absence of a separate application under section 13 of the Native Title Act. The applicants had a full opportunity to present their case, and procedural fairness has been observed. There is a strong public interest in the finality of litigation, and no reason exists to delay or refrain from making a negative determination.

Court Disposition

Application for native title determination dismissed; negative native title determination made

Orders

  • Native title does not exist in relation to any part of the land or waters in the Determination Area, as described in the Schedule
  • There be no order as to costs