Daniel for the Ngaluma People & Monadee for the Injibandi People v State of Western Australia [1999] FCA 686

FEDERAL COURT OF AUSTRALIA

Daniels for the Ngaluma People & Monadee for the Injibandi People v State of Western Australia [1999] FCA 686

NATIVE TITLE – application for leave to amend claimant application – whether application of restricted kind – whether application not complying with Act- whether Act requires details of areas within claim boundaries not covered by application- whether class or formula approach satisfies act where validity remains to be determined DANIELS AND ORS FOR THE NGALUMA PEOPLE AND MONADEE AND ORS FOR THE INJIBANDI PEOPLE, VALERIE HOLBOROW (NEE COSMOS) & ORS ON BEHALF OF THE YABURARA & MARDUDHUNERA PEOPLE, BETTY DALE & ORS ON BEHALF OF THE WONG – GOO - TT- OOO PEOPLE v THE STATE OF WESTERN AUSTRALIA AND ORS WAG 6017 OF 1996

R D NICHOLSON J 21 MAY 1999 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6017 OF 1996

BETWEEN: DANIELS AND ORS FOR THE NGALUMA PEOPLE AND MONADEE AND ORS FOR THE INJIBANDI PEOPLE

First Applicants

VALERIE HOLBOROW (NEE COSMOS) & ORS ON BEHALF OF THE YABURARA & MARDUDHUNERA PEOPLE

Second Applicants

BETTY DALE & ORS ON BEHALF OF THE WONG ‑ GOO – TT ‑ OOO PEOPLE

Third Applicants

AND: THE STATE OF WESTERN AUSTRALIA AND ORS

Respondents

JUDGE: R D NICHOLSON J

DATE OF ORDER: 21 MAY 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The first applicants' notice of motion dated 1 April 1999 be dismissed with no order as to costs. 2. The first applicants' notice of motion dated 30 April 1999 be stood over until a date to be fixed. 3. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 6017 OF 1996