Franks and Lester for the Plains Clans of the Wonnarua People v National Native Title Tribunal [2011] FCA 1530

FEDERAL COURT OF AUSTRALIA

Franks and Lester for the Plains Clans of the Wonnarua People v National Native Title Tribunal [2011] FCA 1530 Citation: Franks and Lester for the Plains Clans of the Wonnarua People v National Native Title Tribunal [2011] FCA 1530

Appeal from: Application for extension of time: White Mining (NSW) Pty Ltd, Austral-Asia Coal Holdings Pty Ltd and ICRA Ashton Pty Ltd (grantee party) and Scott Franks and Robert Lester on behalf of the Plains Clans of the Wonnarua People (native title party) and State of New South Wales (government party) [2011] NNTTA 72

Parties: SCOTT MCCAIN FRANKS AND ROBERT JOHN LESTER FOR THE PLAINS CLANS OF THE WONNARUA PEOPLE v NATIONAL NATIVE TITLE TRIBUNAL, JOHN SOSSO, STATE OF NEW SOUTH WALES and WHITE MINING (NSW) PTY LTD ACN 089 414 595, AUSTRAL-ASIA COAL HOLDINGS PTY LTD ACN 113 038 663 AND ICRA ASHTON PTY LTD ACN 097 499 780

File number(s): NSD 1215 of 2011

Judge: JAGOT J

Date of judgment: 19 December 2011

Catchwords: NATIVE TITLE – application for extension of time to appeal from decision of National Native Title Tribunal – where no acceptable explanation of delay in bringing application

Legislation: Native Title Act 1993 (Cth) ss 151, 169

Cases cited: Htun v Minister for Immigration and Multicultural Affairs (2001) 194 ALR 244; [2001] FCA 1802 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 White Mining (NSW) Pty Ltd, Austral-Asia Coal Holdings Pty Ltd and ICRA Ashton Pty Ltd (grantee party) and Scott Franks and Robert Lester on behalf of the Plains Clans of the Wonnarua People (native title party) and State of New South Wales (government party) [2011] NNTTA 72 (28 April 2011)