High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ
Matter No P37/2018
HELICOPTER TJUNGARRAYI & ORS APPELLANTS
AND
STATE OF WESTERN AUSTRALIA & ORS RESPONDENTS
Matter No P38/2018
KN (DECEASED) AND OTHERS (TJIWARL AND TJIWARL #2) APPELLANTS
AND
STATE OF WESTERN AUSTRALIA & ORS RESPONDENTS
Tjungarrayi v Western Australia KN (deceased) and Others (Tjiwarl and Tjiwarl #2) v Western Australia [2019] HCA 12 17 April 2019 P37/2018 & P38/2018
ORDER
Matter No P37/2018
1. Appeal allowed.
2. Set aside the orders of the Full Court of the Federal Court of Australia made on 16 March 2018 in proceeding WAD 444 of 2017 and, in their place, order that the appeal to the Full Court be dismissed.
Matter No P38/2018
1. Appeal allowed.
2. Set aside orders 1 and 2(c) made by the Full Court of the Federal Court of Australia on 1 February 2018 in proceeding WAD 218 of 2017 and, in place of order 1, order that the appeal be allowed in part.
On appeal from the Federal Court of Australia
Representation
S A Glacken QC with S J Wright SC for the appellants in each matter (instructed by Central Desert Native Title Services)
J A Thomson SC, Solicitor-General for the State of Western Australia, with G J Ranson for the first respondent in each matter (instructed by State Solicitor's Office (WA))
Submitting appearances for the third respondent in P37/2018 and the third to tenth, twelfth, thirteenth and sixteenth respondents in P38/2018
No appearance for the second respondent in P37/2018 and the second, eleventh, fourteenth and fifteenth respondents in P38/2018
Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.
CATCHWORDS
Tjungarrayi v Western Australia KN (deceased) and Others (Tjiwarl and Tjiwarl #2) v Western Australia
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