Mogo Local Aboriginal Land Council v Eurobodalla Shire Council & Ors [2002] NSWCA 12

Mogo Local Aboriginal Land Council v Eurobodalla Shire Council & Ors [2002] NSWCA 12

The declaration under section 25A of the Crown Lands Consolidation Act 1913 did not vest lot 8 in Her Majesty or divest Eurobodalla Shire Council's fee simple interest; the Registrar-General's actions were erroneous and can be rectified; lot 8 was not claimable Crown land under the Aboriginal Land Rights Act 1983.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 February 2002
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['crown Land' 'aboriginal Land Rights Act' 'fee Simple Ownership' 'vesting' 'rectification of Register' 'effect of Statutory Declarations']
['real Property' 'aboriginal Law'] ['crown Land' 'aboriginal Land Rights Act' 'fee Simple Ownership' 'vesting' 'rectification of Register' 'effect of Statutory Declarations']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether land became Crown land under section 25A of the Crown Lands Consolidation Act 1913' 'Whether land vested in Her Majesty within the meaning of the Aboriginal Land Rights Act 1983' 'Whether Eurobodalla Shire Council was divested of its fee simple interest' 'Whether Registrar-General had power to rectify the register']

Ratio Decidendi

The declaration under section 25A of the Crown Lands Consolidation Act 1913 did not vest lot 8 in Her Majesty or divest Eurobodalla Shire Council's fee simple interest; the Registrar-General's actions were erroneous and can be rectified; lot 8 was not claimable Crown land under the Aboriginal Land Rights Act 1983.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs' "First declaration amended by addition of 'within the meaning of the definition of claimable Crown lands in the Aboriginal Land Rights Act 1983'"]