Federal Court of Australia
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~CATCHWORDS
ADMINISTRATIVE LAW -— Judicial Review Act - Writs of Prohibition and
Certiorari sought -~- whether description of land in a land claim
application under the Aboriginal Land Rights (Northern Territory) Act
1976 inadequate and defective - conflict between application's description and attached map - whether reconcilable - applicability of contra proferentem rule and maxim falsa demonstratio non nocet cum de
corpore constat.
Aboriginal Land Rights (Northern Territory) Act 1976: s. 50.
THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA v. THE
HONOURABLE MICHAEL DAVID ANDREW MAURICE, ABORIGINAL LAND COMMISSTONER
and JACK KIJIGARI JAPANGKA & ORS.
No. 557 of 1986
No. 558 of 1986
COURT: LOCKHART, SHEPPARD and BURCHETT JJ. 3 JULY 1987
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
No. 557 of 1986
No. 558 of 1986
wee we
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN : THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA
Appellant AND: THE HONOURABLE MICHAEL DAVID
ANDREW MAURICE, ABORIGINAL LAND COMMISSIONER
First Respondent JACK KIJIGARI JAPANGKA & ORS.
Second Respondents
JUDGES MAKING ORDER: LOCKHART, SHEPPARD and BURCHETT JJ. DATE OF ORDER: 3 JULY 1987 WHERE ORDER MADE: SYDNEY
MINUTE OF ORDERS
THE COURT ORDERS THAT:
The Appeal No. 557 of 1986 be dismissed;
In Appeal No. 558 of 1386 it be declared that the application dated 9 November 1978 lodged with the Aboriginal Land Commissioner (Kearney J.) by the Central Land Council on behalf of several Warramunga clans pursuant to para. 50(1)(a)
of the Aboriginal Land Rights (Northern Territory) Act 1976
does not include the area of land shown in the map attached
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