McKenzie v Honourable Peter Slipper MP [2003] FCA 1416

FEDERAL COURT OF AUSTRALIA

McKenzie v Honourable Peter Slipper MP [2003] FCA 1416 MARK MCKENZIE v THE HONOURABLE PETER SLIPPER MP S 598 OF 2003 SELWAY J 8 DECEMBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 598 OF 2003

BETWEEN: MARK MCKENZIE

APPLICANT

AND: THE HONOURABLE PETER SLIPPER MP

FIRST RESPONDENT

THE COMMONWEALTH OF AUSTRALIA

SECOND RESPONDENT

JUDGE: SELWAY J

DATE OF ORDER: 8 DECEMBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicant to pay the respondents' costs to be taxed in the absence of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 598 OF 2003

BETWEEN: MARK MCKENZIE

APPLICANT

AND: THE HONOURABLE PETER SLIPPER MP

FIRST RESPONDENT

THE COMMONWEALTH OF AUSTRALIA

SECOND RESPONDENT

JUDGE: SELWAY J

DATE: 8 DECEMBER 2003

PLACE: ADELAIDE

REASONS FOR JUDGMENT 1 Mr McKenzie, on behalf of the Kuyani people, has instituted proceedings under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B of the Judiciary Act 1903 (Cth) arguing that the issue of a certificate under s 24 Lands Acquisition Act 1989 (Cth) and the subsequent acquisition of land by the Commonwealth was invalid. For the reasons given in State of South Australia v Honourable Peter Slipper MP [2003] FCA 1414, I am of the view that the proceedings must be dismissed with costs. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Selway.

Associate: Dated: 8 December 2003 Counsel for the Applicant: J Basten QC with A Tokley and S Ower