Sampi v State of Western Australia [2003] FCA 463

Sampi v State of Western Australia [2003] FCA 463

Given the age of the witnesses and the nature of the evidence, the appropriate course is to take the evidence as preservation evidence by way of oral questions in chief and allow for cross-examination. Determination as to whether such evidence is to be received by way of re-opening will be made following further submissions. The matter is stood over for directions for taking preservation evidence.

Jurisdiction
Australia
Judgment Date
01 May 2003
Procedural Posture
Native Title Application / Interlocutory Application for Leave to Re Open Case for Further Evidence (preservation Evidence)
Outcome
Application for leave to re-open not determined; matter stood over for directions for preservation evidence.
Legal Topics
['re Opening Case' 'preservation Evidence' 'elements of Native Title' 'traditional Laws and Customs' 'connection to Land']
['native Title Law'] ['re Opening Case' 'preservation Evidence' 'elements of Native Title' 'traditional Laws and Customs' 'connection to Land']

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Procedural Posture

Native Title Application / Interlocutory Application for Leave to Re Open Case for Further Evidence (preservation Evidence)

Legal Issues

  1. 1 ["Whether leave should be granted to re-open the applicants' case to call further evidence in light of recent High Court decisions" 'Appropriate procedure for the taking of additional evidence (preservation evidence)']

Ratio Decidendi

Given the age of the witnesses and the nature of the evidence, the appropriate course is to take the evidence as preservation evidence by way of oral questions in chief and allow for cross-examination. Determination as to whether such evidence is to be received by way of re-opening will be made following further submissions. The matter is stood over for directions for taking preservation evidence.

Court Disposition

Application for leave to re-open not determined; matter stood over for directions for preservation evidence.

Orders

  • ['The matter be stood over to a date to be fixed for the purpose of giving any directions required for the taking of preservation evidence.']