Williams v Grant [2004] FCAFC 178
The appellant failed to discharge the onus of establishing a clear case of want of authority for the first respondent to bring the native title claim. The evidence fell short of proving that the first respondent was not authorised, and the appellant's application was dismissed. Applications to strike out native title claims are only granted in very clear cases where strict requirements are met.
- Jurisdiction
- Australia
- Judgment Date
- 07 July 2004
- Procedural Posture
- Appeal / Appeal From Single Judge Decision Dismissing Application to Strike Out Native Title Claim
- Outcome
- appeal dismissed
- Legal Topics
- ['strike Out Application' 'authorisation of Claim' 'fresh Evidence on Appeal' 'burden of Proof']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Appeal / Appeal From Single Judge Decision Dismissing Application to Strike Out Native Title Claim
Legal Issues
- 1 ['Whether first respondent was authorised to initiate native title claim under Native Title Act 1993 (Cth)' 'Principles applicable to strike-out applications in native title proceedings' 'Whether fresh evidence should be received on appeal']
Ratio Decidendi
The appellant failed to discharge the onus of establishing a clear case of want of authority for the first respondent to bring the native title claim. The evidence fell short of proving that the first respondent was not authorised, and the appellant's application was dismissed. Applications to strike out native title claims are only granted in very clear cases where strict requirements are met.
Court Disposition
appeal dismissed
Orders
- ['The appeal is dismissed.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment