Aboriginal Development Commission v. Ralkon Agricultural Company Pty Ltd [1987] FCA 301

CATCHWORDS

PRACTICE AND PROCEDURE - Administrative law - Interim order

under s.15 of Administrative Decisions (Judicial Review) Act -

Decision to sell land occupied by applicant - Whether serious question as to appellant's standing and as to merits -

Balance of convenience.

Administrative Decisions (Judicial Review) Act 1977 ss.5, 15.

SA G.85 of 1986 ABORIGINAL DEVELOPMENT COMMISSION v_RALKON AGRICULTURAL COMPANY PTY LTD

Forster, Woodward and Wilcox JJ Adelaide 12 June 1987

IN THE FEDERAL COURT OF AUSTRALIA

) ) SOUTH AUSTRALIAN DISTRICT REGISTRY ) No. SA G.85 of 1986 ) )

GENERAL DIVISION On Appeal from the Federal Court of Australia BETWEEN: ABORIGINAL DEVELOPMENT COMMISSION

Appellant

AND: RALKON AGRICULTURAL COMPANY

PTY LTD Respondent CORAM: FORSTER, WOODWARD and WILCOX JJ PLACE: ADELAIDE DATE: 12 JUNE 1987

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The appeal be dismissed.

2. The appellant pay to the respondent its costs of the appeal.

Note: Settlement and entry of orders is dealt with in Order

36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

)

)

SOUTH AUSTRALIAN DISTRICT REGISTRY } No. SA G.85 of 1986

)

GENERAL DIVISION )

On Appeal from the Federal Court of Australia BETWEEN: ABORIGINAL DEVELOPMENT COMMISSION

Appellant

AND: RALKON AGRICULTURAL COMPANY

PTY LTD Respondent CORAM: FORSTER, WOODWARD and WILCOX JJ PLACE: ADELAIDE DATE: 12 JUNE 1987

REASONS FOR JUDGMENT

THE COURT: The Aboriginal Development Commission ("ADC"), the present appellant, was established by the Aboriginal Development Commission Act 1980, its primary function being to further the economic and social development of Aboriginals. Upon its establishment ADC succeeded to the assets of the Aboriginal Land Fund Commission ("ALFC"). Those assets included a grazing property of about 900 hectares on the Narrang Peninsula near Point McLeay which is known as "Bartlett's Farm". Bartlett's Farm had been acquired by ALFC in 1975 at the instance of a local Aboriginal community