Santo v David [2010] FCA 42

FEDERAL COURT OF AUSTRALIA

Santo v David [2010] FCA 42 Citation: Santo v David [2010] FCA 42

Parties: PANCHO SANTO and CYRIL SANTO v ANNIE DAVID

File number(s): QUD 152 of 2007

Judge: LOGAN J

Date of judgment: 5 February 2010

Catchwords: ABORIGINES – Application by members of one of the families of a Torres Strait Island People – Prior determination by the Court under the Native Title Act of the existence of communal native title rights and interest in respect of island land, including the subject land – Family part of the People determined to hold native title rights - Construction of dwelling on land alleged to be an act affective native title to be an act affecting native title and invalid – Declaratory and injunctive relief sought – Whether Applicants have standing to bring application – Where native title holder rights and interests held by determination by a prescribed body corporate holding interests on trust – Where prescribed body corporate not a party to application – Held Applicants do not have standing – Held application dismissed

Legislation: Native Title Act 1993 (Cth) ss 13, 55, 56, 57, 61, 68, 87, 211, 223, 224, 225, 240A Native Title (Prescribed Body Corporate) Regulations 1999 (Cth) reg 6

Cases cited: Mye on behalf of the Erubam Le v State of Queensland [2004] FCA 1573 applied Town Investments Ltd v Department of Environment [1978] AC 359 cited Bathurst City Council v PWC Properties Pty Limited (1998) 195 CLR 566 cited Mabo v Queensland (No 2) (1992) 175 CLR 1 cited Bodney v Bennell (2008) 167 FCR 84 considered