Johnson v Native Title Registrar [2014] FCA 142
Mr Johnson has no reasonable prospect of demonstrating that his or the group's consent to the ILUA was induced by illegitimate pressure amounting to 'duress' as required by s 199C(3) Native Title Act 1993 (Cth). The facts alleged, even if accepted, do not amount to duress at law. His application must therefore be dismissed by way of summary judgment.
- Jurisdiction
- Australia
- Judgment Date
- 03 March 2014
- Procedural Posture
- Application for Summary Judgment / Summary Judgment; Judgment and Orders
- Outcome
- Application dismissed; summary judgment for respondents
- Legal Topics
- ['summary Judgment' 'duress' 'indigenous Land Use Agreement (ilua)' 'removal From Register']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Application for Summary Judgment / Summary Judgment; Judgment and Orders
Legal Issues
- 1 ["Whether applicant's claim under s 199C(2) Native Title Act 1993 (Cth) has a reasonable prospect of success" 'Whether alleged duress amounted to duress within the meaning of s 199C(3) Native Title Act 1993 (Cth)' 'Whether proceedings should be dismissed based on non-compliance with court order']
Ratio Decidendi
Mr Johnson has no reasonable prospect of demonstrating that his or the group's consent to the ILUA was induced by illegitimate pressure amounting to 'duress' as required by s 199C(3) Native Title Act 1993 (Cth). The facts alleged, even if accepted, do not amount to duress at law. His application must therefore be dismissed by way of summary judgment.
Court Disposition
Application dismissed; summary judgment for respondents
Orders
- ["The applicant's Originating Application be dismissed."]
Full Case Text
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