State of Western Australia v Buurabalayji Thalanyji Aboriginal Corporation [2018] FCA 1531

State of Western Australia v Buurabalayji Thalanyji Aboriginal Corporation [2018] FCA 1531

The Court found that the primary judge did consider the issues raised by the State, including s 85 of the Mining Act 1978 (WA) and s 24MD(6B) of the Native Title Act 1993 (Cth), and appropriately determined that the complex and novel matters should proceed to trial rather than be determined summarily; no appellable error or substantial injustice was demonstrated.

Parties
Applicant: State of Western Australia; First Respondent: Buurabalayji Thalanyji Aboriginal Corporation (RNTBC); Second Respondent: Onslow Salt Pty Ltd (ACN 050 159 558)
Jurisdiction
Australia
Judgment Date
11 October 2018
Procedural Posture
Application for Leave to Appeal / Determined on the Papers
Outcome
Leave to appeal refused
Legal Topics
Application for Leave to Appeal, Summary Judgment, Native Title Rights, Mining Lease, Jurisdictional Error, Proper Purpose, Compensation Under Native Title Act, Tortious Conspiracy
Practice and Procedure Native Title Application for Leave to Appeal Summary Judgment Native Title Rights Mining Lease Jurisdictional Error Proper Purpose +2 more

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Parties

State of Western Australia

Applicant

Buurabalayji Thalanyji Aboriginal Corporation (RNTBC)

First Respondent

Onslow Salt Pty Ltd (ACN 050 159 558)

Second Respondent

Procedural Posture

Application for Leave to Appeal / Determined on the Papers

Legal Issues

  1. 1 Whether the primary judge failed to address and uphold the State's case as to s 85 of the Mining Act 1978 (WA)
  2. 2 Whether the primary judge failed to address and uphold the State's case as to s 24MD(6B) of the Native Title Act 1993 (Cth)
  3. 3 Whether the summary judgment dismissal contained appellable error justifying leave to appeal

Ratio Decidendi

The Court found that the primary judge did consider the issues raised by the State, including s 85 of the Mining Act 1978 (WA) and s 24MD(6B) of the Native Title Act 1993 (Cth), and appropriately determined that the complex and novel matters should proceed to trial rather than be determined summarily; no appellable error or substantial injustice was demonstrated.

Court Disposition

Leave to appeal refused

Orders

  • The application of the State of Western Australia seeking leave to appeal dated 12 July 2018 be dismissed with costs.