Federal Court of Australia
CATCHWORDS
ABORIGINAL LAND RIGHTS ~- Decision to grant land - Land said to include a road over which the public has a right of way - Elements necessary to constitute opening by Crown of public road - Whether dedication suffices, without public user - Whether marking of line on map constituted dedication by Crown
- Necessity for consent to dedication by lessee.
ADMINISTRATIVE LAW - Challenge to decision on grounds of error of law and improper exercise of power - Admissibility in evidence of material not before the decision-maker at the time
of decision.
Aboriginal Land Rights (Northern Territory) Act 1976 s.1l. Administrative Dectsichs (Judicial Reviews Act 1977 s.5.
NSW G.235 of 1988 THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA v
HONOURABLE GERARD LESLIE HAND, MINISTER FOR ABORIGINAL AFFAIRS & OR
Wilcox J Sydney 3 August 1988
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN: AND: AND:
CORAM: WILCOX J
PLACE: ** SYDNEY
DATE: 3 AUGUST 1988
No. NSW G.235 of 1988
~~ www
THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA
Applicant
HONOURABLE GERARD LESLIE HAND, MINISTER FOR ABORIGINAL AFFAIRS
First Respondent JIMITJA JUNGARRAYI, TOBY
JUN! RAYI and PETER JAPALJARRI
Second Respondents
IN THE MATTER of the JILA
(CHILLA WELL) WARLPIRI LAND CLAIM
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The Application be dismissed.
2. The applicant pay to each of the respondents their
costs of the proceeding.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NSW G.235 of 1988
GENERAL DIVISION
BETWEEN: THE ATTORNEY-GENERAL FOR THE NORTHERN TERRITORY OF AUSTRALIA
Applicant
AND: HONOURABLE GERARD LESLIE HAND, MINISTER FOR ABORIGINAL AFFAIRS
First Respondent
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