Federal Court of Australia
Federal Court of Australia
Lockyer for and on behalf of the Robe River Kuruma People v Citic Pacific Mining Management Pty Ltd (No 2) [2024] FCA 154 File number: WAD 116 of 2022
Judgment of: COLVIN J
Date of judgment: 29 February 2024
Catchwords: CONTRACTS - construction of compensation deed entered into between participants in mining project and authorised applicants for native title claim - whether common assumption of the parties that deed would only be performed if native title application was substantially upheld or not voluntarily withdrawn - whether amendment of native title application to reduce the area claimed means deed has been frustrated - held deed not frustrated CONTRACTS - construction of intra-indigenous agreement concerning entitlements to compensation - whether rights under compensation deed held on trust for other parties - held no trust in respect of rights
Legislation: Property Law Act 1969 (WA) s 11
Cases cited: Ange v First East Auction Holdings Pty Ltd [2011] VSCA 335 Codelfa Construction Pty Ltd v State Rail Authority of New South Wales (1982) 149 CLR 337 Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7; (2014) 251 CLR 640 Fejo v Northern Territory of Australia [1998] HCA 58; (1998) 195 CLR 96 Franklins Pty Ltd v Metcash Trading Ltd [2009] NSWCA 407; (2009) 76 NSWLR 603 Greencapital Aust Pty Ltd v Pasminco Cockle Creek Smelter Pty Ltd (Subject to Deed of Company Arrangement) [2019] NSWCA 53 Holborow on behalf of the Yaburara & Mardudhunera People v State of Western Australia (No 3) [2018] FCA 1108 Mount Bruce Mining Pty Limited v Wright Prospecting Pty Limited [2015] HCA 37; (2015) 256 CLR 104 Nelson v Moorcraft [2014] WASCA 212 oOh! Media Roadside Pty Ltd v Diamond Wheels Pty Ltd [2011] VSCA 116; (2011) 32 VR 255 Thaluntha Pty Ltd v Citic Pacific Mining Management Pty Ltd [2019] WASC 196 The Nyamal Palyku Proceeding (No 7) [2023] FCA 528; (2023) 296 FCR 169 Zhu v Treasurer of the State of New South Wales [2004] HCA 56; (2004) 218 CLR 530
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