Kemppi v Adani Mining Pty Ltd [2017] FCA 715

Kemppi v Adani Mining Pty Ltd [2017] FCA 715

The Court decided not to allow expert evidence related to mining economics or anthropology as such evidence was not relevant to any facts pleaded in the current statement of claim. The trial will be set based on closed pleadings with exchange of affidavits and negotiations for an agreed statement of facts.

Jurisdiction
Australia
Judgment Date
06 June 2017
Procedural Posture
Native Title / Trial Programming Orders and Trial Date Scheduling
Outcome
Application for expert evidence refused; trial date fixed
Legal Topics
['expert Evidence' 'trial Procedure' 'indigenous Land Use Agreements']
['native Title'] ['expert Evidence' 'trial Procedure' 'indigenous Land Use Agreements']

Case Brief

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Procedural Posture

Native Title / Trial Programming Orders and Trial Date Scheduling

Legal Issues

  1. 1 ['Whether expert evidence should be allowed regarding benefits from the ILUA' 'Whether anthropological expert evidence is relevant to the pleaded facts' 'Sequence of trial programming orders' 'Date of trial']

Ratio Decidendi

The Court decided not to allow expert evidence related to mining economics or anthropology as such evidence was not relevant to any facts pleaded in the current statement of claim. The trial will be set based on closed pleadings with exchange of affidavits and negotiations for an agreed statement of facts.

Court Disposition

Application for expert evidence refused; trial date fixed

Orders

  • ['The first respondent is to bring in a set of orders reflecting the rulings made.' 'Matter fixed for trial on 12 to 14 March 2018']