Mpetyane, B. v The Honourable Maurice, M.D. (Aboriginal Land Commission) & Ors [1987] FCA 644

" NI

|", __-cUDGMENT No. O44 / 21

IN THE FEDERAL COURT OF AUSTRALIA )

) NEW SOUTH WALES DISTRICT REGISTRY ) No. VG 278 of 1986

) GENERAL DIVISION )

BILLY MPETYANE on his own behalf and on behalf of the Claimants in the TI TREE STATION LAND CLAIM

Applicant

Feiw]

; THE HONOURABLE MICHAEL DAVID ANDREW ' MAURICE, ABORIGINAL LAND COMMISSTONER

First Respondent

AND: THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA

Second Respondent

: MINUTE OF ORDER

COURT: SWEENEY, BEAUMONT AND BURCHETT JJ.

DATE OF ORDER: 26 NOVEMBER 1987

WHERE MADE: SYDNEY

THE COURT ORDERS that the question in the Special Case be answered as follows:

! Question:

Is the stock route described in the Special Case "land on

\ which there is a road over which the public has a right of way" for the purposes of the Aboriginal Land Rights (Northern ' Territory) Act 1976 by virtue of the 1933 declaration alone?

Answer: No.

THE COURT FURTHER ORDERS that the second respondent pay the ' costs of the applicant and of the first respondent of these

proceedings.

Note: Settlement and entry of orders is qéalt with in<Qwder

2.6.NOV 1987

FEDERAL COURT OF AUSTRALIA

PRINGIPAL ABGISTAY

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. VG 278 of 1986 ) )

GENERAL DIVISION

BILLY MPETYANE on his own behalf and on behalf of the Claimants in

TI TREE STATION LAND CLAIM : Appellant

AND : THE HONOURABLE MICHAEL DAVID

ANDREW MAURICE, ABORIGINAL LAND