" 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 COMMISSIONER First Respondent AND THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA Second Respondent THE COURT: Sweeney, Beaumont and Burchett JJ. PLACE : Sydney DATE : 26 November 1987 REASONS FOR JUDGMENT Sweeney, J. In this case, which was heard together with the Warramungu Land Claim Case (No. G304 of 1986), the learned Chief Judge reserved a question for a Full Court in the same terms as the few een eee first question in that case. For the reasons there given, in my opinion the Court should answer the question reserved: "No" and order that the second respondent pay the costs of the proceedings. I certify that this and the preceding page are a true copy of the Reasons for Judgment herein of the Honourable Mr. Justice Sweeney Dated: 26 November 1987 Fn Associate syoreae - or ra Se ce ae = ee ree cts + pom wh ' 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 AND: THE HONOURABLE MICHAEL DAVID ANDREW MAURICE, ABORIGINAL LAND COMMISSIONER First Respondent AND: THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA Second Respondent CORAM: Sweeney, Beaumont and Burchett JJ. DATED: 26 November 1987 REASONS FOR JUDGMENT BEAUMONT J. This case was argued in association with the Warumungu Land Claim Case (No. G304 of 1986). The Chief Judge has referred to the Full Court a question in the same terms as Q.1 1n the other matter. For the reasons given in the Warumungu Claim, the question should be answered, in my opinion, in the negative. ween ree ras a I certify that the preceding page is a true copy of the Reasons for Judgment herein of his Hono Mr. Justice Beaumont. OC ABE Associate 4. FRAN Sfonw Dated: 26 November 1987 — sono oa . 7 avery IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION lz Zz oO No. VG.278 of 1986 wee ew BILLY MPETYANE on his own behalf and on behalf of the Claimants in the TI TREE STATION LAND CLAIM Applicant THE HONOURABLE MICHAEL DAVID ANDREW MAURICE, ABORIGINAL LAND COMMISSIONER First Respondent THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA Second Respondent CORAM: Sweeney, Beaumont and Burchett JJ. DATE: 26 November 1987 REASONS FOR JUDGMENT BURCHETT J. I agree with the orders proposed by Beaumont J., with his reasons. I certify that this page is a true copy of the Reasons for Judgment herein of his Honour Mr. Justice Burchett. Wea Tae Associate Dated: 26 No ber, 1987. and nr rr ee Counsel for the Applicant: Solicitors for the Applicant: Counsel for the lst Respondent: Solicitors for the lst Respondent: Counsel for the 2nd Respondent: Solicitors for the 2nd Respondent: Dates of hearing: Mr. S. Charles, QC with Mr. R. Howie Dawson Waldron Ms R. Henderson Australian Government Solicitor Mr. D.M.J. Bennett, oc with Mr. J.D. Barrett Freehill, Hollingdale & Page 13, 14 & 15 October 1987. Sor. poe kone < ee _ ; SHOT '