Quall v Northern Territory of Australia [2009] FCAFC 157

FEDERAL COURT OF AUSTRALIA

Quall v Northern Territory of Australia [2009] FCAFC 157 NATIVE TITLE – claimant application for determination of native title – claim area split into areas A and B – application heard and determined in relation to area A – determination that no native title exists for area A – same applicant subsequently wished to proceed in relation to area B – whether issue estoppel arising out of earlier determination as between same parties and in respect of same issues arising in relation to later hearing in respect of area B – primary Judge held that issue estoppel operated PRACTICE AND PROCEDURE – issue estoppel – whether the precise issue decided as between same parties in an earlier case arose in later case – claimant application for determination of native title – claim area split into areas A and B – application heard and determined in relation to area A – determination that no native title exists for area A – same applicant subsequently wished to proceed in relation to area B – whether issue estoppel arising out of earlier determination as between same parties and in respect of same issues arising in relation to later hearing in respect of area B – primary Judge held that issue estoppel operated Held - appeal dismissed Dale v State of Western Australia [2009] FCA 1201 cited Kuligowski v Metrobus (2004) 220 CLR 363 cited Ramsay v Pigram (1968) 118 CLR 271 distinguished Taylor v Ansett Transport Industries Ltd (1987) 18 FCR 342 cited Walton v Gardiner (1993) 177 CLR 378 cited KEVIN LANCE QUALL (ON BEHALF OF THE DANGALABA AND KULUMBIRINGIN PEOPLE) v NORTHERN TERRITORY OF AUSTRALIA

NTD 3 of 2009

MOORE, LINDGREN & STONE JJ

11 november 2009

SYDNEY (HEARD IN DARWIN) IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY

General Division NTD 3 of 2009