Donnelly v Registrar, National Native Title Tribunal [2000] FCA 962

Donnelly v Registrar, National Native Title Tribunal [2000] FCA 962

No sufficient case was made to justify granting interlocutory relief regarding the removal of the native title claim from the Register, nor was there adequate evidence or argument to support the urgency or necessity of such relief.

Jurisdiction
Australia
Judgment Date
07 July 2000
Procedural Posture
Application for Interlocutory Relief / Interlocutory Application Refused; Directions to Be Listed for Application for Review
Outcome
Application for interlocutory relief refused
Legal Topics
['interlocutory Relief' 'procedural Fairness' 'review of Administrative Decisions']
['native Title' 'administrative Law'] ['interlocutory Relief' 'procedural Fairness' 'review of Administrative Decisions']

Case Brief

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Procedural Posture

Application for Interlocutory Relief / Interlocutory Application Refused; Directions to Be Listed for Application for Review

Legal Issues

  1. 1 ['Whether interlocutory relief should be granted against the decision to remove claim from the Native Title Register' 'Whether there is a prima facie case for having the decision set aside' 'Whether procedural fairness was denied']

Ratio Decidendi

No sufficient case was made to justify granting interlocutory relief regarding the removal of the native title claim from the Register, nor was there adequate evidence or argument to support the urgency or necessity of such relief.

Court Disposition

Application for interlocutory relief refused

Orders

  • ['The application for interlocutory relief is refused.' 'Notice of Motion treated as including an application for review and listed for directions.']