Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Williams v Grant [2004] FCAFC 178
NATIVE TITLE – appeal from decision of single judge dismissing application to strike out native title claim – principles applicable on strike out application – application should not be dismissed except in very clear case – order of proceedings where application for summary dismissal made. NATIVE TITLE – whether first respondent authorised to initiate claim – heads of authorisation – burden of proof to establish lack of authority. PRACTICE AND PROCEDURE – fresh evidence – where appellant applied to tender two affidavits on appeal – where no grounds for receipt of fresh evidence identified – evidence discoverable with exercise of reasonable diligence. Federal Court Rules
Native Title Act 1993 (Cth) Federal Court of Australia Act 1976 (Cth) CDJ v VAJ (1998) 157 ALR 686; [1998] HCA 67 applied Dey v Victorian Railways Commissioner (1949) 78 CLR 62 cited General Steel Industries Inc v Commissioner for Railways (1964) 112 CLR 125 cited Bodney v State of Western Australia [2003] FCA 890 applied NEVILLE WILLIAMS v FLORENCE GRANT; MINISTER FOR NATURAL RESOURCES N 902 OF 2003 NORTH, DOWSETT and LANDER JJ 7 JULY 2004 ADELAIDE (HEARD IN SYDNEY)
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 902 OF 2003
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: NEVILLE WILLIAMS
APPELLANT
AND: FLORENCE GRANT
FIRST RESPONDENT
MINISTER FOR NATURAL RESOURCES
SECOND RESPONDENT
JUDGES: NORTH, DOWSETT and LANDER JJ
DATE OF ORDER: 7 JULY 2004
WHERE MADE: ADELAIDE (HEARD IN SYDNEY)
THE COURT ORDERS THAT: 1. The appeal is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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