Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Foster v Que Noy [2008] FCAFC 56
ABORIGINALS AND TORRES STRAIT ISLANDERS – NATIVE TITLE –application to replace applicant in claimant application – whether application authorised by native title claimant group according to traditional law and custom
HELD – replacement applicant validly authorised – appeals dismissed
Native Title Act 1993 (Cth) ss 66B, 251, 251B Federal Court Rules O 80 MARJORIE FOSTER v ARTHUR QUE NOY, GABRIEL HAZELBANE, PADDY HUDDLESTON AND MARGARET FOSTER
NTD 1 of 2008 NTD 2 of 2008
FINN, NORTH AND REEVES JJ
11 APRIL 2008
DARWIN
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY NTD 1 of 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MARJORIE FOSTER
Applicant
AND: ARTHUR QUE NOY
First Respondent
GABRIEL HAZELBANE
Second Respondent
PADDY HUDDLESTON
Third Respondent
MARGARET FOSTER
Fourth Respondent
JUDGES: FINN, NORTH AND REEVES JJ DATE OF ORDER: 11 APRIL 2008
WHERE MADE: DARWIN
THE COURT ORDERS THAT:
1. The applicant be granted leave to appeal. 2. The appeal be dismissed. 3. The applicant pay the respondents' costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY NTD 2 of 2008
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MARJORIE FOSTER
Applicant
AND: ARTHUR QUE NOY
First Respondent
GABRIEL HAZELBANE
Second Respondent
PADDY HUDDLESTON
Third Respondent
MARGARET FOSTER
Fourth Respondent
JUDGES: FINN, NORTH AND REEVES JJ DATE OF ORDER: 11 april 2008
WHERE MADE: DARWIN
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