Quall v Northern Territory of Australia [2012] FCA 677

FEDERAL COURT OF AUSTRALIA

Quall v Northern Territory of Australia [2012] FCA 677 Citation: Quall v Northern Territory of Australia [2012] FCA 677

Parties: KEVIN LANCE (TIBBY) QUALL ON BEHALF OF THE DANGGALABA CLAN v NORTHERN TERRITORY OF AUSTRALIA

File numbers: NTD 3 of 2012 NTD 4 of 2012 NTD 5 of 2012 NTD 6 of 2012 NTD 7 of 2012 NTD 8 of 2012 NTD 9 of 2012

Judge: MANSFIELD J

Date of judgment: 27 June 2012

Catchwords: Native title – application for an extension of time to file a notice of appeal – no prospect of success – issues already decided – no new evidence – no error shown in process of trial judge's balancing of justice and equality – opportunity to litigate the issues – application refused

Legislation: Federal Court Rules 2011 Native Title Act 1993 (Cth)

Cases cited: Quall v Northern Territory of Australia (2011) 286 ALR 374; [2011] FCA 1441 Sutherland v Vale [2007] FCA 1876 SZMBW v Minister of Immigration and Citizenship [2008] FCA 1767 Risk v Northern Territory of Australia [2006] FCA 404 Risk v Northern Territory of Australia (2007) 240 ALR 74; [2007] FCAFC 46 Quall v Northern Territory of Australia [2008] HCA Transcript 127 Quall v Northern Territory of Australia [2009] FCA 18 Quall v Northern Territory of Australia (2009) 180 FCR 528 Dale v Western Australia (2011) 190 FCR 72 State Bank of New South Wales Ltd v Alexander Stenhouse Ltd (1997) Aust Torts Reports 81-423 Spalla v St George Motor Finance Ltd (No 6) [2004] FCA 1699 Rogers v The Queen (1994) 181 CLR 251 Michael Wilson & Partners Ltd v Nicholls [2011] HCA 48