New South Wales Aboriginal Land Council and Worimi Local Aboriginal Land Council v Minister Administering the Crown Lands Act [2012] NSWLEC 100

New South Wales Aboriginal Land Council and Worimi Local Aboriginal Land Council v Minister Administering the Crown Lands Act [2012] NSWLEC 100

Because the Goomallee appeal would affect the outcome of these proceedings and 13 other similar matters had been stayed pending that appeal, the Court vacated the June hearing dates and stayed the proceedings pending the Court of Appeal's decision.

Jurisdiction
Australia
Judgment Date
04 May 2012
Procedural Posture
Class 3 Aboriginal Land Rights Claim / Motions to Vacate Hearing Dates and Stay Proceedings Pending Determination of Appeal to the Court of Appeal in a Separate Matter
Outcome
Hearing dates and previous orders vacated; proceedings stayed pending the Court of Appeal decision in the Goomallee appeal; matter listed for directions.
Legal Topics
['vacation of Hearing Dates' 'stay of Proceedings' 'pending Appeal in Related Proceeding']
['practice and Procedure' 'aboriginal Land Rights'] ['vacation of Hearing Dates' 'stay of Proceedings' 'pending Appeal in Related Proceeding']

Case Brief

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Procedural Posture

Class 3 Aboriginal Land Rights Claim / Motions to Vacate Hearing Dates and Stay Proceedings Pending Determination of Appeal to the Court of Appeal in a Separate Matter

Legal Issues

  1. 1 ['Whether the hearing dates of 12-18 June 2012 should be vacated.' 'Whether the proceedings should be stayed pending the decision of the Court of Appeal in the Goomallee appeal.']

Ratio Decidendi

Because the Goomallee appeal would affect the outcome of these proceedings and 13 other similar matters had been stayed pending that appeal, the Court vacated the June hearing dates and stayed the proceedings pending the Court of Appeal's decision.

Court Disposition

Hearing dates and previous orders vacated; proceedings stayed pending the Court of Appeal decision in the Goomallee appeal; matter listed for directions.

Orders

  • ['The hearing dates of 12 -18 June 2012 are vacated.' 'The orders of the Court of 10 February 2012 are vacated.' 'The proceedings are stayed pending the decision of the Court of Appeal in the Goomallee appeal.' 'The matter is to be listed before the Court for directions on 23 November 2012.' 'If the Goomallee appeal...