Banibi Pty Ltd v The Honourable Maurice, M.D. (Aboriginal Land Commission) [1987] FCA 643

Banibi Pty Ltd v The Honourable Maurice, M.D. (Aboriginal Land Commission) [1987] FCA 643

A stock route or stock reserve does not constitute 'land on which there is a road over which the public has the right of way' under s.11 of the Aboriginal Land Rights (Northern Territory) Act 1976. Therefore, prohibition cannot lie, and the appeal must be dismissed.

Parties
Appellant: Banibi Pty. Limited; First Respondent: The Honourable Michael David Andrew Maurice, Aboriginal Land Commissioner; Second Respondent: The Attorney-General for the Northern Territory of Australia; Third Respondent: The Northern Land Council
Jurisdiction
Australia
Judgment Date
26 November 1987
Procedural Posture
Appeal / Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed with costs.
Legal Topics
Land Rights, Stock Routes, Declaratory Relief, Prerogative Writs, Interpretation of Aboriginal Land Rights (northern Territory) Act 1976
Aboriginal Law Administrative Law Property Law Land Rights Stock Routes Declaratory Relief Prerogative Writs Interpretation of Aboriginal Land Rights (northern Territory) Act 1976

Case Brief

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Parties

Banibi Pty. Limited

Appellant

The Honourable Michael David Andrew Maurice, Aboriginal Land Commissioner

First Respondent

The Attorney-General for the Northern Territory of Australia

Second Respondent

The Northern Land Council

Third Respondent

Procedural Posture

Appeal / Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether stock routes constitute 'land on which there is a road over which the public has the right of way' under s.11 of the Aboriginal Land Rights (Northern Territory) Act 1976
  2. 2 Whether declaratory relief or prohibition is the appropriate remedy

Ratio Decidendi

A stock route or stock reserve does not constitute 'land on which there is a road over which the public has the right of way' under s.11 of the Aboriginal Land Rights (Northern Territory) Act 1976. Therefore, prohibition cannot lie, and the appeal must be dismissed.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.