Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Harrington-Smith v Native Title Registrar [2007] FCA 414
NATIVE TITLE – claimant application dismissed – aggrieved applicants seek injunction restraining Native Title Registrar from removing entry relating to claim from the Register of Native Title Claims – whether s 190(4)(d) of the Native Title Act 1993 (Cth) has the effect that the Registrar must remove entry once proceeding "dismissed" following trial, or only if and when dismissal sustained upon appeal – Held: the former, so that there was no scope for interference with Native Title Registrar's proposed removal of entry from the Register following dismissal at trial.
WORDS AND PHRASES – "dismissed".
Native Title Act 1993 (Cth) ss 189A, 190(4).
RON HARRINGTON-SMITH AND ORS ON BEHALF OF THE WONGATHA PEOPLE
AND GEOFFREY ASHWIN AND ORS ON BEHALF OF THE WUTHA PEOPLE
v NATIVE TITLE REGISTRAR AND ORS
WAD 41 OF 2007
HARVEY MURRAY ON BEHALF OF THE COSMO NEWBERRY PEOPLE
v NATIVE TITLE REGISTRAR AND ORS
WAD 42 OF 2007
LINDGREN J
12 MARCH 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 41 OF 2007
BETWEEN: HARRINGTON-SMITH AND OTHERS
ON BEHALF OF THE WONGATHA PEOPLE
First Applicant
GEOFFREY ASHWIN AND OTHERS
ON BEHALF OF THE WUTHA PEOPLE
Second Applicant
AND: NATIVE TITLE REGISTRAR
First Respondent
STATE OF WESTERN AUSTRALIA AND OTHERS (Group 1)
Second Respondent
COMMONWEALTH OF AUSTRALIA (Group 2)
Third Respondent
CITY OF KALGOORLIE-BOULDER AND OTHERS (Group 3)
Fourth Respondent
NGALIA KUTJUNGKATJA AND OTHERS (Group 4A)
Fifth Respondent
COSMO NEWBERRY (ABORIGINAL CORPORATION) AND OTHERS (Group 4B)
Sixth Respondent
KOARA PEOPLE AND OTHERS (Group 4E)
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