Hill on behalf of the Yirendali People Core Country Claim v State of Queensland [2015] FCA 300

FEDERAL COURT OF AUSTRALIA

Hill on behalf of the Yirendali People Core Country Claim v State of Queensland [2015] FCA 300 Citation: Hill on behalf of the Yirendali People Core Country Claim v State of Queensland [2015] FCA 300

Parties: JAMES HILL & ORS ON BEHALF OF THE YIRENDALI PEOPLE CORE COUNTRY CLAIM v STATE OF QUEENSLAND & ORS

File number: QUD 495 of 2006

Judge: LOGAN J

Date of judgment: 19 March 2015

Corrigendum: 10 April 2015

Catchwords: NATIVE TITLE – applicant seeking leave to discontinue native title determination application – where reason for discontinuance is insufficient funds to proceed with trial – where subject land has lengthy litigious history of native title claims by applicant or persons having common apical ancestors with applicant – where present application on foot for more than eight years – where applicant previously required by Court to show cause as to why proceedings should be dismissed – where intensive case management progressed proceedings to trial in respect of separate question of connection and where agreement reached as to categories extinguishment of native title in the claimed area – where consent determination not possible – whether to exercise Court's discretion to grant leave to discontinue – whether conditions can be imposed upon discontinuance in respect of any future proceedings brought by applicant in respect of same claim area Held: grant of leave to discontinue would bring administration of justice into disrepute – delay in determination of native title fosters uncertainty and potential injustice on the part of responding parties – where the applicant is not vexatious, the Court does not have the power to impose conditions on future applications in granting discontinuance – application dismissed