High Court of Australia
HIGH COURT OF AUSTRALIA
GLEESON CJ,
GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ
Matter No P59/2000
THE STATE OF WESTERN AUSTRALIA APPELLANT
AND
BEN WARD & ORS RESPONDENTS
Matter No P62/2000
THE ATTORNEY-GENERAL OF THE
NORTHERN TERRITORY APPELLANT
AND
BEN WARD & ORS RESPONDENTS
Matter No P63/2000
CECIL NINGARMARA & ORS APPELLANTS
AND
THE NORTHERN TERRITORY OF
AUSTRALIA & ORS RESPONDENTS
Matter No P67/2000
BEN WARD & ORS APPELLANTS
AND
CROSSWALK PTY LTD & ORS RESPONDENTS
Western Australia v Ward
Attorney-General (NT) v Ward
Ningarmara v Northern Territory
Ward v Crosswalk Pty Ltd
[2002] HCA 28
8 August 2002
P59/2000, P62/2000, P63/2000 and P67/2000
ORDER
1. Each of the appeals is allowed. 2. Paragraphs 4 and 6 of the orders of the Full Court of the Federal Court made on 3 March 2000, the whole of the order of the Full Court of the Federal Court made on 11 May 2000 and the determination of native title made on 11 May 2000 are set aside and the matters remitted to the Full Court for further hearing and determination. 3. There is no order as to the costs of the appeals in this Court. 4. The costs of the proceedings at trial and in the Full Court of the Federal Court, both before and after the making of this Court's orders disposing of these appeals, are to be in the discretion of the Full Court.
On appeal from the Federal Court of Australia
Representation:
Matter No P59/2000
R J Meadows QC, Solicitor-General for the State of Western Australia and C J L Pullin QC and K M Pettit for the appellant (instructed by the Crown Solicitor for Western Australia)
M L Barker QC and R H Bartlett for the first respondents (instructed by the Aboriginal Legal Service of Western Australia (Inc))
J Basten QC with K R Howie SC and S A Glacken for the second respondents (instructed by the Northern Land Council)
W Sofronoff QC and G M G McIntyre for the third respondents (instructed by the Kimberley Land Council)
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