Akiba on behalf of the Torres Strait Regional Seas Claim Group v Commonwealth of Australia [2013] HCA 33

HIGH COURT OF AUSTRALIA

FRENCH CJ, HAYNE, CRENNAN, KIEFEL AND BELL JJ

LEO AKIBA ON BEHALF OF THE TORRES STRAIT REGIONAL SEAS CLAIM GROUP APPELLANT

AND

COMMONWEALTH OF AUSTRALIA & ORS RESPONDENTS

Akiba on behalf of the Torres Strait Regional Seas Claim Group v Commonwealth of Australia [2013] HCA 33 7 August 2013 B58/2012

ORDER

1. Appeal allowed in part.

2. Set aside paragraph 1 of the order of the Full Court of the Federal Court of Australia made on 14 March 2012 and, in its place, order that the appeal to that Court is dismissed.

3. The first and second respondents pay the appellant's costs of the appeal to this Court.

4. Appeal otherwise dismissed.

On appeal from the Federal Court of Australia

Representation

B W Walker SC with R W Blowes SC, T P Keely and S A Hamilton for the appellant (instructed by Torres Strait Regional Authority)

J T Gleeson SC, Acting Solicitor-General of the Commonwealth with R J Webb QC and N Kidson for the first respondent (instructed by Australian Government Solicitor)

M A Perry QC with H P Bowskill for the second respondent (instructed by Crown Solicitor (Qld))

P L Gore for the third to thirty-first, thirty-third, forty-third and forty-fifth to forty-seventh respondents (instructed by Gore & Associates)

Submitting appearances for the thirty-second and thirty-fourth respondents

No appearance for the thirty-fifth to forty-second, forty-fourth, forty-eighth and forty-ninth respondents

Intervener

G R Donaldson SC, Solicitor-General for the State of Western Australia for the Attorney-General for the State of Western Australia, intervening (instructed by State Solicitor (WA))

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Akiba on behalf of the Torres Strait Regional Seas Claim Group v Commonwealth of Australia