Strickland v State of Western Australia [2010] FCA 272

FEDERAL COURT OF AUSTRALIA

Strickland v State of Western Australia [2010] FCA 272 Citation: Strickland v State of Western Australia [2010] FCA 272

Parties: MARJORIE MAY STRICKLAND and ANNE JOYCE NUDDING v STATE OF WESTERN AUSTRALIA, COMMONWEALTH OF AUSTRALIA, CITY OF KALGOORLIE – BOULDER, SHIRE OF COOLGARDIE, SHIRE OF LEONORA, GOLDFIELDS LAND & SEA COUNCIL ABORIGINAL CORPORATION, ARCHAEAN GOLD NL, BORDER RESOURCES NL, DELTA GOLD EXPLORATION PTY LTD, DELTA GOLD NL, GOLDFIELDS EXPLORATION PTY LTD, HOMESTAKE GOLD OF AUSTRALIA LTD, KALGOORLIE LAKE VIEW PTY LTD, KUNDANA GOLD PTY LTD, PANCONTINENTAL GOLD (OPERATIONS) PTY LTD, PANCONTINENTAL GOLDMINING AREAS PTY LTD, PANCONTINENTAL MINING LTD, PLUTONIC (BAXTER) PTY LTD, PLUTONIC OPERATIONS LTD, WILLIAM JAMES STILLMAN, WILBROASH MINING AND EXPLORATION, NEWMONT KALTAILS PTY LTD, NORTH KALGURLI MINES PTY LTD, BHP BILLITON NICKEL WEST PTY LTD, DALRYMPLE RESOURCES NL, COWARNA DOWNS PTY LTD, YUNDAMINDRA PASTORAL HOLDINGS PTY LTD, BURCHILL FRANCIS CECIL JONES, JOHN LOAD CECIL JONES, KEITH CHARLES MADER, MENANGINA PTY LTD, MT VETTERS PASTORAL CO (1966) PTY LTD, COOLGARDIE CAMEL FARM, KALGOORLIE BOWLING CLUB (INC) and TELSTRA CORPORATION LIMITED

File number: WAD 76 of 1997

Judge: MCKERRACHER J

Date of judgment: 23 March 2010

Corrigendum: 29 April 2010

Catchwords: NATIVE TITLE – Court's discretionary power to dismiss an application on its own motion – where application has failed registration test – where application has not been amended since consideration by the Registrar – where application not likely to be amended in a way that would lead to a different outcome once considered by the Registrar – no other reason why the application should not be dismissed