Coe v Commonwealth [1979] HCA 68

High Court of Australia Gibbs, Jacobs, Murphy and Aickin JJ Coe v Commonwealth [1979] HCA 68

ORDER Appeal dismissed with costs. Gibbs J

This is an appeal from a judgment of Mason J. dismissing the appellant's application for leave to amend his statement of claim. The appellant, described in the statement of claim as "Paul Thomas Coe an Aboriginal" issued out of this Court a writ against the Commonwealth of Australia (the first defendant) and the Government of the United Kingdom of Great Britain and Northern Ireland (the second defendant). The writ was accompanied by a statement of claim. The first defendant entered an appearance and later applied to have the statement of claim struck out. The appellant then made application for leave to file and serve an amended statement of claim. It was this application which was dismissed by Mason J. The amended statement of claim which the appellant sought leave to file and serve was as follows:

1A. The Plaintiff sues on behalf of the Aboriginal community and nation of Australia and for the benefit of that community which is a community or more than seven persons.

1B. The Plaintiff is a member of the Wiradjeri Tribe and has authority from this and from other tribes and the whole aboriginal community and nation to bring this action.

1. The Plaintiff is a member of and a descendant of the aboriginal people of Australia and is a member of the aboriginal nation.

2A. On or about a day in April 1770 Captain James Cook R.N. at Kurnell wrongfully proclaimed sovereignty and dominion over the east coast of the continent now known as Australia for and on behalf of King George III for and on behalf of what is now the secondnamed Defendant.

3A. On or about the 26th day of January, 1788 Captain Arthur Phillip, R.N. wrongfully claimed possession and occupation for the said King George III on behalf of what is now the secondnamed Defendant of that area of land extending from Cape York to the southern coast of Tasmania and embracing all the land inland from the Pacific Ocean to the west as far as the 135th longitude including that area of land now occupied by the firstnamed Defendant at the Commonwealth Offices, Sydney, Commonwealth Bank Building, Martin Place, Sydney.