Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Starkey on behalf of the Kokatha People v State of South Australia [2016] FCA 1577 Appeal from: Lake Torrens Overlap Proceedings (No 3) [2016] FCA 899
File number: SAD 249 of 2016
Judge: WHITE J
Date of judgment: 22 December 2016
Catchwords: NATIVE TITLE – application for stay of execution of order dismissing native title application – orders not of a kind which can be stayed. PRACTICE AND PROCEDURE – application for interim injunction pending the hearing or determination of appeal – inadequate undertaking as to damages. Held: application dismissed.
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) s 25(2B), 25(2BB) Federal Court Rules 2011 (Cth) rr 17, 36.08, 41.03 Mining Act 1971 (SA) s 63N Native Title Act 1993 (Cth) ss 189A, 190
Cases cited: Bradken Limited v Norcast S.ár.L [2013] FCAFC 123 Cheedy v State of Western Australia [2010] FCA 1305 Samsung Electronics Co Ltd v Apple Incorporated [2011] FCAFC 156; (2011) 217 FCR 238 Starkey v State of South Australia [2014] FCA 924 Stirling Harbour Services Pty Ltd v Bunbury Port Authority (No 2) [2000] FCA 87 Straits Exploration (Australia) Pty Ltd v Kokatha Uwankara Native Title Claimants [2012] SASCFC 121 Taylor v Crossman [2011] FCAFC 139
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