Gandangara Local Aboriginal Land Council v Attorney General of New South Wales [2013] FCA 646

Gandangara Local Aboriginal Land Council v Attorney General of New South Wales [2013] FCA 646

Evidence established that there were no native title rights or interests in the relevant land, and in the alternative, native title was extinguished by grants of fee simple constituting previous exclusive possession acts as defined in legislation.

Jurisdiction
Australia
Judgment Date
03 July 2013
Procedural Posture
Application for Determination of Native Title / Final Judgment
Outcome
Native title determination that no native title exists; no order as to costs.
Legal Topics
['determination That No Native Title Exists' 'extinguishment of Native Title' 'assessment of Evidence for Native Title' 'previous Exclusive Possession Acts' 'aboriginal Cultural Heritage Assessment']
['native Title'] ['determination That No Native Title Exists' 'extinguishment of Native Title' 'assessment of Evidence for Native Title' 'previous Exclusive Possession Acts' 'aboriginal Cultural Heritage Assessment']

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Procedural Posture

Application for Determination of Native Title / Final Judgment

Legal Issues

  1. 1 ['Whether evidence establishes that no native title rights or interests exist in the relevant land' 'Whether native title in land has been extinguished by previous exclusive possession acts']

Ratio Decidendi

Evidence established that there were no native title rights or interests in the relevant land, and in the alternative, native title was extinguished by grants of fee simple constituting previous exclusive possession acts as defined in legislation.

Court Disposition

Native title determination that no native title exists; no order as to costs.

Orders

  • ['There be a native title determination that no native title exists in Lot 3 of Deposited Plan 807 482 in the Parish of Holsworthy, County of Cumberland, Shire of Sutherland, New South Wales.' 'There be no order as to costs.']