Northern Land Council v UAU Pty Ltd [2017] FCA 784

FEDERAL COURT OF AUSTRALIA

Northern Land Council v UAU Pty Ltd [2017] FCA 784 File number: NTD 38 of 2017

Judge: WHITE J

Date of judgment: 5 July 2017

Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction to restrain the respondent from entering on land within the area of a Land Trust. Held: interlocutory injunction granted.

Legislation: Aboriginal Land Rights (Northern Territory) Act 1976 ss 3, 4, 5(2), 21, 23, 68, 70 Mineral Titles Act 2010 (NT) s 84

Cases cited: Samsung Electronics Company Limited v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238

Date of hearing: 5 July 2017

Registry: Northern Territory

Division: General Division

National Practice Area: Native Title

Category: Catchwords

Number of paragraphs: 28

Counsel for the Applicants: Mr R Wilson

Solicitor for the Applicants: Northern Land Council

Counsel for the Respondent: Mr N McCleary appeared on behalf of the Respondent

ORDERS NTD 38 of 2017

BETWEEN: NORTHERN LAND COUNCIL First Applicant

WAANYI/GARAWA ABORIGINAL LAND TRUST Second Applicant

AND: UAU PTY LTD ACN 609 676 280 Respondent

JUDGE: WHITE J DATE OF ORDER: 5 JULY 2017

PENAL NOTICE TO: UAU Pty Ltd IF YOU (being the person bound by this order): (A) Refuse or neglect to do any act within the time specified in this order for the doing of the act; or (B) Disobey the Order by doing an act which the order requires you not to do, You will be liable to imprisonment, sequestration of property or other punishment. Any other person who knows of this order and does anything which helps or permits you to breach the terms of this order may be similarly punished. UPON NOTING the undertaking by each of the Applicants by their counsel a. to submit to such order, if any, as the Court may consider to be just for the payment of compensation to be assessed by the Court or as it may direct to any person, whether or not that person is a party to the proceedings, affected by the operation of the order, or undertaking or any continuation, with or without variation of the order or undertaking; and b. to pay the compensation referred to in (a) to the person affected by the operation of the order or undertaking;