COMMONWEALTH OF AUSTRALIA v COE [2000] NSWSC 1243

COMMONWEALTH OF AUSTRALIA v COE [2000] NSWSC 1243

The defendants' claimed Aboriginal title to Cockatoo Island was extinguished by the Crown's grant of an interest in fee simple. The Commonwealth, as registered proprietor, is entitled to interlocutory relief to restrain trespass and require the defendants to leave the land, as there is no serious question to be tried regarding continuing title, and the balance of convenience favours the plaintiff.

Jurisdiction
Australia
Judgment Date
22 December 2000
Procedural Posture
Civil / Interlocutory Application for Injunctive Relief
Outcome
Interlocutory injunction granted; defendants to vacate land; conditional stay pending leave to appeal.
Legal Topics
['native Title' 'trespass' 'aboriginal Land Rights']
['property Law' 'constitutional Law'] ['native Title' 'trespass' 'aboriginal Land Rights']

Case Brief

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Procedural Posture

Civil / Interlocutory Application for Injunctive Relief

Legal Issues

  1. 1 ['Whether the defendants are trespassers on Cockatoo Island despite assertions of Aboriginal title' "Whether the Commonwealth's interest extinguished native title to Cockatoo Island" 'Whether an adjournment should be granted to allow further preparation and consideration of potential constitutional issues']

Ratio Decidendi

The defendants' claimed Aboriginal title to Cockatoo Island was extinguished by the Crown's grant of an interest in fee simple. The Commonwealth, as registered proprietor, is entitled to interlocutory relief to restrain trespass and require the defendants to leave the land, as there is no serious question to be tried regarding continuing title, and the balance of convenience favours the plaintiff.

Court Disposition

Interlocutory injunction granted; defendants to vacate land; conditional stay pending leave to appeal.

Orders

  • ['The defendant and other persons collectively terming themselves members of the Aboriginal Tent Embassy presently upon Cockatoo Island their servants and or agents leave the land known as Cockatoo Island Sydney Harbour being land comprised in Folio Identifier 1/549630 by 4pm Thursday 28.12.2000.' "The defendant and...