Anderson v Jali Local Aboriginal Land Council [2009] NSWLEC 162

Land and Environment Court of New South Wales

CITATION : Anderson v Jali Local Aboriginal Land Council [2009] NSWLEC 162

APPLICANT: Susan Anderson PARTIES : RESPONDENT: Jali Local Aboriginal Land Council

FILE NUMBER(S) : 40051 of 2009

CORAM: Biscoe J

KEY ISSUES: ABORIGINAL :- claims arising from residential tenancy dispute between Aboriginal person and Local Aboriginal Land Council - whether within jurisdiction of Land and Environment Court - disputes as to right, obligation or duty under Aboriginal Land Rights Act 1983, ownership of cottage, validity of residential tenancy agreement and validity of notice of termination of agreement

Aboriginal Land Rights Act 1983, ss 36(9), 40, 40AA(1), 46(9), 52B LEGISLATION CITED: Land and Environment Court Act 1979, ss 16, 20(2), 20(3), Native Title Act 1993 (Cth), ss 4, 81, 223 Residential Tenancies Act 1987, s 3

DATES OF HEARING: 15 - 16 September 2009

DATE OF JUDGMENT: 18 September 2009

APPLICANT: Mr A. Oshlack (agent) SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT: Mr M. Wright (barrister) SOLICITORS Baker, Mannering & Hart

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

18 September 2009

40051 of 2009

SUSAN ANDERSON v JALI LOCAL ABORIGINAL LAND COUNCIL

JUDGMENT 1 HIS HONOUR: This proceeding concerns a residential tenancy dispute over a cottage between the tenant Susan Anderson, who is an Aboriginal person, and the lessor, Jali Local Aboriginal Land Council (Jali). 2 The applicant claims: (a) a declaration (as amended orally during the hearing) that Jali never acquired the cottage for residential accommodation for Aboriginal persons in its area pursuant to s 52B of the Aboriginal Land Rights Act 1983; (b) declarations that the residential tenancy agreement between Jali and herself is void, that Jali's notice of termination of the agreement is void, and that she has been the owner and occupier of the cottage since it was constructed in about 1990; (c) a consequential injunction; and (d) an order that Jali "restitute" to her all rent she has paid (subtracting any maintenance costs or water rates). Background 3 The applicant has been a member of Jali since its inception in 1983.