Holt v The Hon Daryl Manzie MLA Northern Territory Minister for Resource Development [2001] FCA 401

Holt v The Hon Daryl Manzie MLA Northern Territory Minister for Resource Development [2001] FCA 401

Because the amended application removed the issues that had made broad discovery from the land councils appropriate and left only limited issues about the form and notification of Native Title Act notices and expedited procedure statements, the Court declined to make orders on paragraphs 1 and 2 of the respondents' motion, adjourned the motion sine die, made costs of the motion to date costs in the cause, and extended the respondents' time to object to the applicant's evidence to 19 April 2001.

Jurisdiction
Australia
Judgment Date
06 April 2001
Procedural Posture
Interlocutory Motion in Federal Court Proceeding Concerning Native Title Act Notices / Respondents' Notice of Motion for Discovery Related Relief; Application Amended by Consent; Motion Adjourned Sine Die
Outcome
No order made on paragraphs 1 and 2 of the respondents' motion; motion otherwise adjourned sine die; costs of the motion to date to be costs in the cause; time for objections to applicant's evidence extended.
Legal Topics
['discovery' 'non Party Discovery' 'amendment of Application' 'native Title Act Notices' 'expedited Procedure Statements']
['civil Procedure' 'native Title'] ['discovery' 'non Party Discovery' 'amendment of Application' 'native Title Act Notices' 'expedited Procedure Statements']

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Procedural Posture

Interlocutory Motion in Federal Court Proceeding Concerning Native Title Act Notices / Respondents' Notice of Motion for Discovery Related Relief; Application Amended by Consent; Motion Adjourned Sine Die

Legal Issues

  1. 1 ["Whether orders should be made on paragraphs 1 and 2 of the respondents' notice of motion seeking discovery from land councils under O 15A r 8 of the Federal Court Rules." 'Whether, after amendment of the application, discovery from the land councils remained necessary having regard to the narrowed issues.' "Whether the respondents should have further time to give notice of objections to the applicant's evidence."]

Ratio Decidendi

Because the amended application removed the issues that had made broad discovery from the land councils appropriate and left only limited issues about the form and notification of Native Title Act notices and expedited procedure statements, the Court declined to make orders on paragraphs 1 and 2 of the respondents' motion, adjourned the motion sine die, made costs of the motion to date costs in the cause, and extended the respondents' time to object to the applicant's evidence to 19 April 2001.

Court Disposition

No order made on paragraphs 1 and 2 of the respondents' motion; motion otherwise adjourned sine die; costs of the motion to date to be costs in the cause; time for objections to applicant's evidence extended.

Orders

  • ["There be no order in respect of paragraphs 1 and 2 of the respondents' notice of motion filed on 28 March 2001." 'The costs of the motion to date be costs in the cause.' 'The motion be otherwise adjourned sine die.' "The time within which the respondents may give notice of any objections to the applicant's...