Holt v Honourable Daryl Manzie [2000] FCA 1857

FEDERAL COURT OF AUSTRALIA

Holt v Honourable Daryl Manzie and another [2000] FCA 1857

ABORIGINAL AND TORRES STRAIT ISLANDERS – native title – future act – notice under s.29 of Native Title Act 1993 – decision to give notice - decision to include expedited procedure statement – need to provide clear description of area affected by proposed act – serious question to be tried – balance of convenience – interlocutory injunction refused.

Native Title Act 1993 ss 25, 28, 29, 30, 31, 32, 185, 186, 190A, 190C, 203BB, 203BG

Native Title (Notices) Determination 1998 s 6

JIMMY HOLT V THE HON DARYL MANZIE MLA, NORTHERN TERRITORY MINISTER FOR RESOURCE DEVELOPMENT & THE NORTHERN TERRITORY OF AUSTRALIA

N21271 of 2000

OLNEY J

15 DECEMBER 2000

DARWIN

GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY N1271 of 2000

BETWEEN: JIMMY HOLT

APPLICANT

AND: THE HON DARYL MANZIE MLA

NORTHERN TERRITORY MINISTER

FOR RESOURCE DEVELOPMENT

FIRST RESPONDENT

THE NORTHERN TERRITORY OF AUSTRALIA

SECOND RESPONDENT

JUDGE: OLNEY J

DATE OF ORDER: 15 DECEMBER 2000

WHERE MADE: DARWIN

THE COURT ORDERS THAT:

1. The applicant's motion for interlocutory injunctions filed 28 November 2000 be dismissed.

2. The question of costs be reserved to the trial judge.

AND THE COURT FURTHER ORDERS AND DIRECTS THAT:

3. (i) Any party may serve on any other party a notice for discovery on or before 22 December 2000.

(ii) Such notice to be returnable on 28 February 2001.

4. The applicant file and serve any affidavits on which he relies on or before 28 February 2001.

5. The respondents file and serve any affidavits on which they rely on or before 30 March 2001, together with a list specifying any objections to the applicant's affidavits.