Chapman v Minister for Land & Water Conservation for the State of New South Wales [2000] FCA 1114

Chapman v Minister for Land & Water Conservation for the State of New South Wales [2000] FCA 1114

Interests of parties who are affected solely due to public right of access or use will be properly represented if the Court appoints a single representative party for each defined area; therefore, parties whose interests arise only from such access and are properly represented may be removed as parties under s 84(8).

Jurisdiction
Australia
Judgment Date
28 July 2000
Procedural Posture
Native Title Application / Directions Hearing and Orders Regarding Party Representation and Joinder/removal
Outcome
Parties removed and joined with orders regarding representation; proceeding listed for further directions.
Legal Topics
['party Joinder and Removal' 'public Right of Access' 'representation Under Native Title Act' 'interests Affected by Determination']
['native Title'] ['party Joinder and Removal' 'public Right of Access' 'representation Under Native Title Act' 'interests Affected by Determination']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Native Title Application / Directions Hearing and Orders Regarding Party Representation and Joinder/removal

Legal Issues

  1. 1 ['Whether certain respondents are persons whose interests may be affected by a determination merely because they have a public right of access over, or use of, the Claimed Area' 'Whether the rights of persons possessing title to land adjoining the Claimed Area are affected merely because those persons have a public right of access over, or use of, adjoining Claimed Area' 'Whether interests will be properly represented by other parties']

Ratio Decidendi

Interests of parties who are affected solely due to public right of access or use will be properly represented if the Court appoints a single representative party for each defined area; therefore, parties whose interests arise only from such access and are properly represented may be removed as parties under s 84(8).

Court Disposition

Parties removed and joined with orders regarding representation; proceeding listed for further directions.

Orders

  • ['Wydon Pty Limited to cease to be a party.' 'Ann Howarth and Braven Howarth, Gordon Llewellyn Bray to be joined as parties.' 'Leave granted to amend notice of motion to add names.' 'Interests represented by specified parties for Rosedale, Mossy Point, Broulee, and Congo Point Areas.' 'All other parties named in...