Bodney v Bennell [2007] FCAFC 11

Bodney v Bennell [2007] FCAFC 11

Leave to intervene is granted to the Group 17 Respondents (Pastoral Interests) on the basis that they have a sufficient interest in the procedural fairness ground (4.4) and the opportunity to contribute submissions, subject to consultation with the State, and bearing their own costs.

Parties
Appellant: Christopher (Corrie) Bodney; Appellant: Commonwealth of Australia; Appellant: Western Australian Fishing Industry Council (Inc); Appellant: State of Western Australia; Respondent: Anthony Bennell, Alan Burton, Alan Bolton & Ors; Intervener: Group 17 Respondents (Pastoral Interests)
Jurisdiction
Australia
Judgment Date
16 February 2007
Procedural Posture
Appeal / Interlocutory Application for Intervention on Appeal
Outcome
Leave to intervene granted (limited)
Legal Topics
Intervention, Procedural Fairness, Joinder of Parties, Native Title Determination
Native Title Civil Procedure Intervention Procedural Fairness Joinder of Parties Native Title Determination

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Parties

Christopher (Corrie) Bodney

Appellant

Commonwealth of Australia

Appellant

Western Australian Fishing Industry Council (Inc)

Appellant

State of Western Australia

Appellant

Anthony Bennell, Alan Burton, Alan Bolton & Ors

Respondent

Group 17 Respondents (Pastoral Interests)

Intervener

Procedural Posture

Appeal / Interlocutory Application for Intervention on Appeal

Legal Issues

  1. 1 Whether Group 17 (Pastoral Interests) should be granted leave to intervene in the appeal in relation to procedural fairness (ground 4.4)

Ratio Decidendi

Leave to intervene is granted to the Group 17 Respondents (Pastoral Interests) on the basis that they have a sufficient interest in the procedural fairness ground (4.4) and the opportunity to contribute submissions, subject to consultation with the State, and bearing their own costs.

Court Disposition

Leave to intervene granted (limited)

Orders

  • Leave is granted to Group 17 (Pastoral Interests) to intervene in relation to ground 4.4 of the draft notice of appeal of the State of Western Australia.
  • Outline of Submissions by interveners (if any) is to be no longer than five pages and filed and served by 2 March 2007 after consultation with the appellant's legal advisers.