Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples [2019] HCA 7

HIGH COURT OF AUSTRALIA

KIEFEL CJ, BELL, GAGELER, KEANE, NETTLE, GORDON AND EDELMAN JJ

D1/2018

NORTHERN TERRITORY OF AUSTRALIA APPELLANT

AND

MR A. GRIFFITHS (DECEASED) AND LORRAINE JONES ON BEHALF OF THE NGALIWURRU AND NUNGALI PEOPLES & ANOR RESPONDENTS

D2/2018

COMMONWEALTH OF AUSTRALIA APPELLANT

AND

MR A. GRIFFITHS (DECEASED) AND LORRAINE JONES ON BEHALF OF THE NGALIWURRU AND NUNGALI PEOPLES & ANOR RESPONDENTS

D3/2018

MR A. GRIFFITHS (DECEASED) AND LORRAINE JONES ON BEHALF OF THE NGALIWURRU AND NUNGALI PEOPLES APPELLANT

AND

NORTHERN TERRITORY OF AUSTRALIA & ANOR RESPONDENTS

Northern Territory v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples Commonwealth of Australia v Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples Mr A. Griffiths (deceased) and Lorraine Jones on behalf of the Ngaliwurru and Nungali Peoples v Northern Territory [2019] HCA 7 13 March 2019 D1/2018, D2/2018 & D3/2018

ORDER

Matter Nos D1/2018 and D2/2018

1. Appeal allowed in part.

2. Set aside Order 2 of the Orders of the Full Court of the Federal Court of Australia made on 9 August 2017 and, in its place, order that:

"(1) Paragraph 3 of the further amended order made by the trial judge dated 24 August 2016 be set aside and, in its place, order:

'The compensation payable to the native title holders by reason of the extinguishment of their non-exclusive native title rights and interests arising from the acts in paragraph 1 above is:

(a) compensation for economic loss in the sum of $320,250;

(b) interest on (a) in the sum of $910,100;

(c) compensation for cultural loss in the sum of $1,300,000;

Total: $2,530,350.

Note: post-judgment interest is payable on this total under s 52 of the Federal Court of Australia Act 1976 (Cth), accruing from 25 August 2016.'