Jango v Northern Territory of Australia (No 6) [2006] FCA 465

Jango v Northern Territory of Australia (No 6) [2006] FCA 465

Section 13(2) of the Native Title Act 1993 (Cth) was not engaged because dismissal of the compensation application was not the making of a determination of compensation in accordance with Division 5; the provision applies when the Court determines the quantum of compensation payable, not when it finds no entitlement to compensation. The Court therefore was not required to make a current determination of native title, and no other source of power for such a determination was identified.

Jurisdiction
Australia
Judgment Date
03 May 2006
Procedural Posture
Native Title Compensation Proceeding / Further Orders After Dismissal of Application for a Determination of Compensation; Dealt With on the Papers
Outcome
No order as to costs was made, and the Court declined to make a current determination of native title.
Legal Topics
['determination of Compensation' 'current Determination of Native Title' 'costs' 'native Title Act 1993 (cth) S 13(2)']
['native Title' 'civil Procedure'] ['determination of Compensation' 'current Determination of Native Title' 'costs' 'native Title Act 1993 (cth) S 13(2)']

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Procedural Posture

Native Title Compensation Proceeding / Further Orders After Dismissal of Application for a Determination of Compensation; Dealt With on the Papers

Legal Issues

  1. 1 ['Whether dismissal of an application for a determination of compensation is a determination of compensation for the purposes of s 13(2) of the Native Title Act 1993 (Cth).' 'Whether the Court was required to make a current determination of native title in relation to the Application Area after dismissing the compensation application.' 'Whether any order for costs should be made.']

Ratio Decidendi

Section 13(2) of the Native Title Act 1993 (Cth) was not engaged because dismissal of the compensation application was not the making of a determination of compensation in accordance with Division 5; the provision applies when the Court determines the quantum of compensation payable, not when it finds no entitlement to compensation. The Court therefore was not required to make a current determination of native title, and no other source of power for such a determination was identified.

Court Disposition

No order as to costs was made, and the Court declined to make a current determination of native title.

Orders

  • ['There be no order as to the costs of the proceedings.']