Federal Court of Australia
¢
. JBGMENT. No. 643/81.
CATCHWORDS
Aboriginals - Land Rights - area claimed including declared stock routes - whether stock routes constitute land on which there is a "road over which the public has the right of way".
Words and Phrases "road", "highways" - whether the stock route is a "road" for the purposes of the Aboriginal Land Rights
(Northern Territory) Act 1976 ss.11 and 12.
Prerogative Writs - prohibition - whether declaratory relief appropriate.
BANIBI PTY. LIMITED (Appellant) THE HONOURABLE MICHAEL DAVID ANDREW MAURICE, ABORIGINAL LAND COMMISSIONER (First Respondent), THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA (Second Respondent) and THE NORTHERN LAND COUNCIL (Third
Respondent)
No. G574 of 1986
Sweeney, Beaumont and Burchett JJ. Sydney 26 November 1987
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IN THE FEDERAL COURT OF AUSTRALIA )
) NEW SOUTH WALES DISTRICT REGISTRY ) No. G574 of 1986
) GENERAL DIVISION )
APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: BANIBI PTY. LIMITED Appellant AND: THE HONOURABLE MICHAEL DAVID ANDREW
MAURICE, ABORIGINAL LAND COMMISSIONER
First Respondent
AND: THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA
Second Respondent
AND: THE NORTHERN LAND COUNCIL
Third Respondent
MINUTE OF ORDER
COURT: SWEENEY, BEAUMONT AND BURCHETT JJ. DATE OF ORDER: 26 NOVEMBER 1987 WHERE MADE: SYDNEY
THE COURT ORDERS:
Appeal dismissed with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
APPEAL FROM A SINGLE JUDGE OF
AND
AND
AND
BANIBI PTY. LIMITED
No. G 574 of 1986
eee ee
THE FEDERAL COURT OF AUSTRALIA
Appellant
THE HONOURABLE MICHAEL DAVID ANDREW
MAURICE, ABORIGINAL LAND COMMISSIONER
First Respondent
THE ATTORNEY-GENERAL FOR THE
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