Harbour v Dempsey on behalf of the Bularnu, Waluwarra & Wangkayujuru People [2014] FCA 560

Harbour v Dempsey on behalf of the Bularnu, Waluwarra & Wangkayujuru People [2014] FCA 560

The primary judge's dismissal of the applicants' joinder applications was a decision not to join them as parties, and s 24(1AA)(b) of the Federal Court of Australia Act 1976 (Cth) barred an appeal from such a judgment. Because the applicants could not bring the proposed appeal, granting an extension of time for leave to appeal would be futile.

Jurisdiction
Australia
Judgment Date
21 May 2014
Procedural Posture
Applications for Extension of Time to Seek Leave to Appeal / Applications Dismissed
Outcome
Each application for an extension of time to seek leave to appeal was dismissed.
Legal Topics
['extension of Time for Leave to Appeal' 'joinder of Parties' 'native Title Claim Group' 'bar on Appeals From Decisions to Join or Not Join a Party']
['practice and Procedure' 'native Title' 'appellate Jurisdiction'] ['extension of Time for Leave to Appeal' 'joinder of Parties' 'native Title Claim Group' 'bar on Appeals From Decisions to Join or Not Join a Party']

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Procedural Posture

Applications for Extension of Time to Seek Leave to Appeal / Applications Dismissed

Legal Issues

  1. 1 ["Whether the applicants should be granted an extension of time to seek leave to appeal against the primary judge's refusal to join them as respondents to native title proceedings." "Whether s 24(1AA)(b) of the Federal Court of Australia Act 1976 (Cth) precluded an appeal from the primary judge's decision not to join the applicants as parties."]

Ratio Decidendi

The primary judge's dismissal of the applicants' joinder applications was a decision not to join them as parties, and s 24(1AA)(b) of the Federal Court of Australia Act 1976 (Cth) barred an appeal from such a judgment. Because the applicants could not bring the proposed appeal, granting an extension of time for leave to appeal would be futile.

Court Disposition

Each application for an extension of time to seek leave to appeal was dismissed.

Orders

  • ['The application for an extension of time to seek leave to appeal filed by Travis Harbour is dismissed.' 'The application for an extension of time to seek leave to appeal filed by James Hill is dismissed.']