Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali PeoplesCommonwealth of Australia v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali PeoplesMr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples v Northern TerritoryCitation:[2019] HCA 7Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:13 Mar 2019Case Number:D1/2018, D2/2018, D3/2018Read more

Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali PeoplesCommonwealth of Australia v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali PeoplesMr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples v Northern TerritoryCitation:[2019] HCA 7Before:Kiefel CJ, Bell, Gageler, Keane, Nettle, Gordon, Edelman JJDate:13 Mar 2019Case Number:D1/2018, D2/2018, D3/2018Read more

Compensation for extinguishment of native title rights must be assessed by separately valuing economic loss (with a reduction from freehold value to reflect inalienability and other factors) and cultural loss, with simple interest payable on economic loss.

Parties
Claim Group / Applicant: Ngaliwurru and Nungali Peoples; Respondent: Northern Territory of Australia
Jurisdiction
Australia
Judgment Date
13 March 2019
Procedural Posture
Native Title Compensation Claim / Judgment
Outcome
Appeal allowed in part; compensation recalculated
Legal Topics
Native Title, Compensation Assessment, Economic Loss, Cultural Loss, Interest on Compensation
Aboriginal Law Compensation Law Property Law Constitutional Law Native Title Compensation Assessment Economic Loss Cultural Loss +1 more

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Parties

Ngaliwurru and Nungali Peoples

Claim Group / Applicant

Northern Territory of Australia

Respondent

Procedural Posture

Native Title Compensation Claim / Judgment

Legal Issues

  1. 1 Whether economic loss and cultural loss are to be assessed separately in native title compensation
  2. 2 Principles for assessment of compensation for economic loss
  3. 3 Whether native title rights are equivalent to freehold value

Ratio Decidendi

Compensation for extinguishment of native title rights must be assessed by separately valuing economic loss (with a reduction from freehold value to reflect inalienability and other factors) and cultural loss, with simple interest payable on economic loss.

Court Disposition

Appeal allowed in part; compensation recalculated

Orders

  • Economic loss to be assessed at a reduced value from freehold, reflecting inalienability and other factors.
  • Cultural loss to be assessed separately, with the award not to be manifestly excessive.