Northern Land Council v Quall [2020] HCA 33

HIGH COURT OF AUSTRALIA

KIEFEL CJ, GAGELER, KEANE, NETTLE AND EDELMAN JJ

NORTHERN LAND COUNCIL & ANOR APPELLANTS

AND

KEVIN LANCE QUALL & ANOR RESPONDENTS

Northern Land Council v Quall [2020] HCA 33 Date of Hearing: 12 & 13 August 2020 Date of Judgment: 7 October 2020 D21/2019

ORDER

1. Appeal allowed.

2. Set aside the declaration and order 3 of the orders made by the Full Court of the Federal Court of Australia on 19 June 2019 and, in their place, order that the cross-appeal be dismissed.

3. Set aside orders 1 and 2 of the orders made by the Full Court of the Federal Court on 19 June 2019 and remit to the Full Court of the Federal Court the unresolved appeal to that Court and the unresolved application for leave to adduce fresh evidence in that appeal.

4. In accordance with undertakings given as a condition of the grant of special leave to appeal, the appellants are to bear the first and second respondents' costs of the appeal limited to one set of costs.

5. In accordance with undertakings given as a condition of the grant of leave to intervene, the Attorney-General of the Commonwealth and the Northern Territory are to bear jointly with the appellants the first and second respondents' costs of the appeal as limited pursuant to order 4.

On appeal from the Federal Court of Australia

Representation

S A Glacken QC with R W Kruse for the appellants (instructed by Northern Land Council)

B W Walker SC with A K Flecknoe-Brown for the first respondent (instructed by Robert Welfare & Associates)

P F McIntyre for the second respondent (instructed by McQueens Solicitors)

R J Webb QC with C I Taggart for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor)

N Kidson QC with L S Peattie for the Northern Territory, intervening (instructed by Solicitor for the Northern Territory)