Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd (No 2) [2024] FCAFC 49

Federal Court of Australia

Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd (No 2) [2024] FCAFC 49 Appeal from: Santos NSW Pty Ltd v Gomeroi People [2022] NNTTA 74

File number: QUD 13 of 2023

Judgment of: MORTIMER CJ, RANGIAH AND O'BRYAN JJ

Date of judgment: 12 April 2024

Catchwords: NATIONAL NATIVE TITLE TRIBUNAL – appeal – appropriate orders for remittal of proceeding where appeal allowed on one ground only – s 169(7) Native Title Act 1993 (Cth) – order made remitting matter to heard by the National Native Title Tribunal without further evidence, subject only to proper cause being shown and the Tribunal being satisfied it is appropriate to permit further evidence to be adduced COSTS – where parties agree there should be no order as to costs

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 44(4), 44(5) Native Title Act 1993 (Cth) ss 31(1)(b), 36(2), 38(1), 39(1)(e), 39(1)(f), 109, 169(7)

Cases cited: Attorney General (NSW) v Quin [1990] HCA 21; 170 CLR 1 Civil Aviation Safety Authority v Central Aviation Pty Ltd [2009] FCAFC 137; 179 FCR 554 Charles v Sheffield Resources Limited [2017] FCAFC 218; 257 FCR 29 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Gomeroi People v Santos NSW Pty Ltd and Santos NSW (Narrabri Gas) Pty Ltd [2024] FCAFC 26 Negri v Secretary, Department of Social Services (No 2) [2016] FCA 1125; 70 AAR 238 Shi v Migration Agents Registration Authority [2008] HCA 31; 235 CLR 286