Atkinson on behalf of the Mooka and Kalara United Families Claim v Minister for Lands for the State of New South Wales [2010] FCA 1073

Atkinson on behalf of the Mooka and Kalara United Families Claim v Minister for Lands for the State of New South Wales [2010] FCA 1073

Given the applicants' repeated failures to comply with Court directions due to inability to obtain funding and the speculative nature of further attempts, it is in the interests of justice to make self-executing orders for dismissal if applicants do not comply with amended orders by the extended deadline.

Parties
Applicants: Betty Atkinson, Richard Gilbert, William Gilbert, Beryl Smith and Neville Williams on behalf of the Mooka and Kalara United Families Claim; First Respondent: Minister for Lands for the State of New South Wales as State Minister under the Native Title Act 1993 (Cth); Second Respondent: NTSCORP Limited; Third Respondent: Barrick (Cowal) Limited (formerly Barrick Australia Limited)
Jurisdiction
Australia
Judgment Date
01 October 2010
Procedural Posture
Native Title / Interlocutory Application for Self Executing Dismissal Orders; Directions Hearing Orders
Outcome
Orders made extending time and providing for self-executing dismissal if applicants do not comply by 29 October 2010; liberty to apply; otherwise, matter to be listed for directions.
Legal Topics
Self Executing Orders, Failure to Prosecute, Extension of Time, Court Directions, Dismissal for Delay
Native Title Civil Procedure Self Executing Orders Failure to Prosecute Extension of Time Court Directions Dismissal for Delay

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 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Betty Atkinson, Richard Gilbert, William Gilbert, Beryl Smith and Neville Williams on behalf of the Mooka and Kalara United Families Claim

Applicants

Minister for Lands for the State of New South Wales as State Minister under the Native Title Act 1993 (Cth)

First Respondent

NTSCORP Limited

Second Respondent

Barrick (Cowal) Limited (formerly Barrick Australia Limited)

Third Respondent

Procedural Posture

Native Title / Interlocutory Application for Self Executing Dismissal Orders; Directions Hearing Orders

Legal Issues

  1. 1 Whether self-executing orders dismissing proceedings for failure to prosecute should be made
  2. 2 Whether further extensions of time should be granted for applicants to file necessary materials

Ratio Decidendi

Given the applicants' repeated failures to comply with Court directions due to inability to obtain funding and the speculative nature of further attempts, it is in the interests of justice to make self-executing orders for dismissal if applicants do not comply with amended orders by the extended deadline.

Court Disposition

Orders made extending time and providing for self-executing dismissal if applicants do not comply by 29 October 2010; liberty to apply; otherwise, matter to be listed for directions.

Orders

  • Time for filing and service of amended Native Title Determination Application and all material extended to 29 October 2010.
  • If applicants fail to comply, proceedings stand dismissed without further order.