Ralkon Agricultural Company Pty Ltd v Aboriginal Development Commission & Anor [1986] FCA 78

IN THE FEDERAL COURT OF AUSTRALIA

) ) SQUTH AUSTRALIA DISTRICT REGISTRY ) No.G50 of 1981 ) )

GENERAL DIVISTON

BETWEEN:

RALKON AGRICULTURAL COMPANY PIY. LIMITED

Applicant - and -

ABORIGINAL DEVELOPMENT COMMISSION and POINT McLEAY COMMUNITY COUNCIL INC.

Respondents

MINUTE OF ORDER

JUDGE MAKING ORDER 2 FISHER J.

WHERE MADE 3 ADELAIDE

DATE OF ORDER

7 MARCH 1986

THE COURT ORDERS THAT:

1.

The application by the Aboriginal Development Commission, by notice of motion filed on 22 February 1985, be dismissed.

The Aboriginal Development Commission pay to Ralkon Agricultural Company Pty. Limited its costs of this application the same to be taxed if not agreed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) )

SOUTH AUSTRALIA DISTRICT REGISTRY ) ) No. G50 of 1981 )

GENERAL DIVISION

BETWEEN:

RALKON AGRICULTURAL COMPANY Pry. LIMITED

Applicant - and - ABORIGINAL DEVELOPMENT

COMMISSION and POINT McLEAY COMMUNITY COUNCIL INC.

Respondents

7 March 1986

REASONS FOR JUDGMENT

FISHER J.: This is a further chapter in the long running and

bitter conflict between the applicant Ralkon Agricultural Company Pty. Limited ("Ralkon") and the respondent Aboriginal Development Commission ("the Commission"). The particular matter before me at this time arises out of a Notice of Motion filed by the Commission on 22 February 1985. The Commission and the Point McLeay Community Council Inc. ("the Community Council") each sought by separate Notices of Motion to restrain Ralkon in effect from dealing in any way with its assets pending determination and satisfaction by Ralkon of its obligation to pay the costs of

earlier proceedings. It is necessary to recapitulate some of the

history of these proceedings.

On 29 February 1984 I dismissed Ralkon's application

made pursuant to the Administrative Decisions Judicial Review Act