Federal Court of Australia
ry
428 CATCHWORDS
ADMINISTRATIVE LAW - Natural justice - Aboriginal Development Commission - Grant of "interest" in land under Aboriginal Land Fund Act 1974 - Nature of interest - Subsequent grant of lease - Whether estopped from making grant - Relief against third parties - Indefeasibility of title.
Aboriginal Land Fund Act 1974 - s.20
Aboriginal Development Commission Act 1980 - 3s.8, 27, 28 Administrative Decisions (Judicial Review) Act 1977
RALKON_ AGRICULTURAL COMPANY PTY. LTD. v. ABORIGINAL DEVELOPMENT COMMISSION and ANOR
No. G.9 of 1984
Fox, Woodward and Davies JJ. 14 December 1984
Sydney
~~
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISTON
) ) ) No. G.9 of 1984 ) )
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN :
RALKON AGRICULTURAL COMPANY Pry. LTD.
Appellant AND:
ABORIGINAL DEVELOPMENT COMMISSION and POINT McLEAY COMMUNITY COUNCIL INC.
Respondent
ORDER JUDGES: Fox, Woodward and Davies JJ. DATE OF ORDER: 14 December 1984 WHERE MADE: Sydney.
THE COURT ORDERS THAT:
1. The appeal be dismissed.
2. The appellant pay the respondent's costs of the appeal.
rh)
IN THE FEDERAL COURT OF AUSTRALIA
SQUTH AUSTRALIA DISTRICT REGISTRY No. G.9 of 1984
ddan
GENERAL DIVISION
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF
AUSTRALIA BETWEEN : RALKON AGRICULTURAL COMPANY Pry. LTD.
Appellant AND:
ABORIGINAL DEVELOPMENT COMMISSION and POINT McLEAY COMMUNITY COUNCIL INC.
Respondents
CORAM: FOX, WOODWARD and DAVIES JJ. DATE: 14 December 1984
REASONS FOR JUDGMENT
FOX and WOODWARD Jd.
This appeal from a judge of the Court (Fisher J.) brings into question under the Administrative Decisions (Judicial Review) Act 1977 ("the Judicial Review Act"), a decision of the Aboriginal Development Commission ("the A.D.C.") to grant a lease of land, known as Bartlett's Farm, to the Point McLeay Community Council ("the Community Council"). The appellant ("Ralkon")
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