Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wiri People #2 v State of Queensland [2006] FCA 1069
NATIVE TITLE – consideration of an application for a stay pending an appeal.
Native Title Act 1993 (Cth) NBGI v MIMIA [2005] FCAFC 233 - cited Lenijamar Pty Limited v AGC Advances Limited (1990) 27 FCR 388 - cited Sammy Russo Meat Supplies Pty Ltd v Australian Safeway Stores Pty Ltd [1999] FCA 1381 - cited FAI General Insurance Co. Ltd v Southern Cross Exploration NL (1987 – 1988) 165 CLR - cited 268 Lowe v Mack Trucks Australia Pty Ltd [2001] FCA 388 - cited Goodwill Group Pty Ltd v Pongrass Associates Pty Ltd [2002] FCA 1203 - cited Powerflex Services Pty Ltd v Data Access Corp. (1996) 137 ALR 498 - cited Alexander v Cambridge Credit Corp. Ltd (Receivers Appointed) (1985) 2 NSWLR 685 - cited Re Middle Harbour Investments Ltd (In Liq) (No. 2) [1977] 2 NSWLR 652 - cited WIRI PEOPLE #2 v STATE OF QUEENSLAND & ORS QUD270 OF 2006 GREENWOOD J 15 AUGUST 2006 BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QUD270 OF 2006
BETWEEN: WIRI PEOPLE #2
Applicant
AND: STATE OF QUEENSLAND & ORS
Respondent
JUDGE: GREENWOOD J DATE OF ORDER: 15 AUGUST 2006
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. Upon the applicant undertaking to the Court by 4.00pm Wednesday, 23 August 2006 to expeditiously prosecute the appeal the subject of the notice of appeal dated 30 June 2006 and the two matters referred to the Full Court by operation of the orders made by his Honour Greenwood J on 26 July 2006, the order of his Honour Dowsett J made on 6 October 2005 that this application made in the name of the Wiri People #2 'stands dismissed' is stayed pending the determination of an appeal by the applicant appellant to the Full Court of the Federal Court of Australia from an order of his Honour Dowsett J made on 19 June 2006 refusing leave to the applicant to extend time for the filing of an amended application. 2. I propose to reserve the costs of the application for a stay. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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