Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
BP (Deceased) v State of Western Australia [2013] FCA 760 Citation: BP (Deceased) v State of Western Australia [2013] FCA 760
Parties: BP (DECEASED) AND OTHERS v STATE OF WESTERN AUSTRALIA
File number: WAD 241 of 2004
Judge: JAGOT J
Date of judgment: 2 August 2013
Catchwords: NATIVE TITLE – section 47B Native Title Act 1993 (Cth) – whether land subject to permission – whether land subject to resumption process – intention of the Crown
Legislation: Conservation and Land Management Act 1984 (WA) Land Administration Act 1997 (WA) Native Title Act 1993 (Cth)
Cases cited: Betty's Cafes Ltd v Phillips Furnishing Stores Ltd [1957] 1 All ER 1 Cunliffe v Goodman [1950] 2 KB 237 Fleet Electrics Ltd v Jacey Investments Ltd [1956] 3 All ER 99 King v Northern Territory [2007] FCA 944; (2007) 162 FCR 89 Moses v State of Western Australia [2007] FCAFC 78; (2007) 160 FCR 148 Northern Territory of Australia v Alyawarr, Kaytetye, Warumungu, Wakaya Native Title Claim Group [2005] FCAFC 135; (2005) 145 FCR 442 Sue v Hill [1999] HCA 30; (1999) 199 CLR 462
Date of hearing: 15 July 2013
Place: Sydney
Division: GENERAL
Category: Catchwords
Number of paragraphs: 88
Counsel for the Applicant: V Hughston SC with M D F Allbrook
Solicitor for the Applicant: Central Desert Native Title Services Ltd
Counsel for the Respondent: R M Mitchell SC with C I Taggart
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