Denniss v Minister for Land & Water Conservation [1999] FCA 1169

Denniss v Minister for Land & Water Conservation [1999] FCA 1169

Native title was extinguished by the 19th century grant of freehold title and cannot be revived by subsequent re-acquisition by a government authority. Accordingly, there is no serious issue to be tried and the application must fail as a matter of law.

Jurisdiction
Australia
Judgment Date
25 August 1999
Procedural Posture
Native Title Determination Application / Final Judgment Following Application for Interlocutory Injunction
Outcome
Application dismissed
Legal Topics
['extinguishment of Native Title' 'freehold Land' 'statutory Interpretation' 'interlocutory Injunction']
['native Title'] ['extinguishment of Native Title' 'freehold Land' 'statutory Interpretation' 'interlocutory Injunction']

Case Brief

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Procedural Posture

Native Title Determination Application / Final Judgment Following Application for Interlocutory Injunction

Legal Issues

  1. 1 ['Whether native title exists in land granted as freehold in the 19th century and re-acquired by a government authority' 'Whether the Native Title Act 1993 ss23B(9C) or s47B assist the application to restrain the sale of land']

Ratio Decidendi

Native title was extinguished by the 19th century grant of freehold title and cannot be revived by subsequent re-acquisition by a government authority. Accordingly, there is no serious issue to be tried and the application must fail as a matter of law.

Court Disposition

Application dismissed

Orders

  • ['The Notice of Motion dated 16 July 1999 be dismissed.' 'The Application filed on 16 July 1999 be dismissed.' 'The costs of the Notice of Motion and principal proceeding be reserved.']