Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
State of Western Australia v Fazeldean on behalf of the Thalanyji People (No 2) [2013] FCAFC 58 Citation: State of Western Australia v Fazeldean on behalf of the Thalanyji People (No 2) [2013] FCAFC 58
Parties: STATE OF WESTERN AUSTRALIA v JOHN FAZELDEAN, COMMONWEALTH OF AUSTRALIA, YAMATJI MARLPA ABORIGINAL CORPORATION, FORREST & FORREST PTY LTD and TELSTRA CORPORATION LIMITED
File number(s): WAD 305 of 2012
Judges: ALLSOP CJ, MARSHALL J AND MANSFIELD J
Date of judgment: 6 June 2013
Catchwords: NATIVE TITLE – abuse of process – res judicata – consent order – whether claim group can assert native title over an area that the Court previously ordered by consent was not subject to their native title – summary dismissal inappropriate in the circumstances – possibility that principles of res judicata may develop in the area of native title
Legislation: Native Title Act 1993 (Cth) s 87 Federal Court Rules 1979 O 35 r 6
Cases cited: Bienstein v Bienstein (2003) 195 ALR 225 cited Carl Zeiss Stiftung v Rayner & Keeler Limited (No 2) [1967] 1 AC 853 considered Chamberlain v Deputy Commissioner of Taxation [1988] HCA 21; 164 CLR 502 considered Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 cited Fazeldean on behalf of the Thalanyji People (No 2) v State of Western Australia [2012] FCA 1163 affirmed Fidelitas Shipping Co Limited v V/O Exportchleb [1966] 1 QB 630 considered Hayes on behalf of the Thalanyji People v State of Western Australia [2008] FCA 1487 discussed Jackson v Goldsmith [1950] HCA 22; 81 CLR 446 cited Kinch v Walcott [1929] AC 482 considered Macquarie Bank Limited v National Mutual Life Association of Australia Limited (1996) 40 NSWLR 543 cited Minero Pty Limited v Redero Pty Limited (unreported, Supreme Court of NSW, Santow J, 29 July 1998) discussed Port of Melbourne Authority v Anshun Pty Ltd [1981] HCA 45; 147 CLR 589 considered Samsung Electronics Co Limited v Apple Inc [2011] FCAFC 156 cited Spencer v The Commonwealth [2010] HCA 28; 241 CLR 118 cited The Bellcairn (1885) 10 PD 161 considered
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