Walker v State of South Australia [2012] FCA 1092

Walker v State of South Australia [2012] FCA 1092

Ms Henderson did not establish any legal, equitable or special personal interest in the Adelaide Park Lands or City Squares that could be affected by the native title determination. Her asserted access and enjoyment rights were no greater than those of the general public and could be protected by the Corporation of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 October 2012
Procedural Posture
Native Title Proceeding / Application by Kelly Henderson to Be Joined as a Respondent Under S 84(5) of the Native Title Act 1993 (cth), Heard on the Papers
Outcome
Application for joinder refused.
Legal Topics
['joinder of Parties' 'interests Affected by Native Title Determination' 'adelaide Park Lands and City Squares' 'public, Environmental and Heritage Interests']
['native Title' 'civil Procedure'] ['joinder of Parties' 'interests Affected by Native Title Determination' 'adelaide Park Lands and City Squares' 'public, Environmental and Heritage Interests']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Native Title Proceeding / Application by Kelly Henderson to Be Joined as a Respondent Under S 84(5) of the Native Title Act 1993 (cth), Heard on the Papers

Legal Issues

  1. 1 ['Whether Ms Kelly Henderson had interests that may be affected by a determination in the native title proceeding for the purposes of s 84(5) of the Native Title Act 1993 (Cth).' 'Whether it was in the interests of justice to join Ms Henderson as a respondent party.' 'Whether asserted equitable, access, enjoyment, conservation, heritage and environmental interests in the Adelaide Park Lands and City Squares were sufficient interests under s 84(5).']

Ratio Decidendi

Ms Henderson did not establish any legal, equitable or special personal interest in the Adelaide Park Lands or City Squares that could be affected by the native title determination. Her asserted access and enjoyment rights were no greater than those of the general public and could be protected by the Corporation of the City of Adelaide, and her study, conservation, heritage and environmental concerns were not interests within s 84(5). In any event, joinder was not in the interests of justice.

Court Disposition

Application for joinder refused.

Orders

  • ['The application of Kelly Henderson to be joined as a respondent is refused.']