Douglas Wilson v Michael Anderson & Ors [1999] NSWSC 8

New South Wales Supreme Court CITATION : Douglas Wilson v Michael Anderson & Ors [1999] NSWSC 8 revised - 26/06/2000 CURRENT JURISDICTION : Common Law Division FILE NUMBER(S) : 10918 of 1998 HEARING DATE(S) : 9 June 1998 - 10 June 1998 JUDGMENT DATE : 20 January 1999

DOUGLAS WILSON (Plaintiff)

v PARTIES : MICHAEL ANDERSON (Registered Native Title Claimant on Behalf of the Euahlay-i Dixon Clan) & Ors (First Defendant)

NEW SOUTH WALES ABORIGINAL LAND COUNCIL (Second Defendant) JUDGMENT OF : Levine J

A.Sullivan Q.C. (Plaintiff) COUNSEL : P. Larkin (First Defendant) J. Basten Q.C. (Second Defendant) Blake Dawson Waldron (Plaintiff) SOLICITORS : Craddock Murray Neumann (First Defendant) Andrew Chalk Associates (Second Defendant) CATCHWORDS : Aboriginals; Native Title; Native Title Act 1993 & 1998 (Cth); Supreme Court Act 1970; Western Lands Acts 1901 (NSW); Summons for Declarations as to extinguishment or suspension of native title in respect of land under Western Lands Act Lease; Concurrent proceedings under Native Title Act; Notice of Motion by plaintiff for removal to Court of Appeal; Notice of Motion by defendants for stay of Supreme Court proceedings; Jurisdiction of Supreme Court; Jurisdiction of National Native Title Tribunal, Federal Court & High Court Supreme Court Act 1970 Western Lands Act 1901 (NSW) ACTS CITED : Native Title Act 1993 & 1998 Jurisdiction of Courts (Cross-Vesting) Act 1987 Judiciary Act 1903 Administrative Decisions (Judicial Review) Act 1977 (Cth) DECISION : 1. The plaintiff's Notice of Motion filed on 27 April 1998 is dismissed; 2. In respect of the first defendant's Notice of Motion filed on 27 April 1998, in the exercise of my discretion, I make Order 1 that the proceedings constituted by the plaintiff's Amended Summons filed on 27 April 1998 be stayed; 3. In respect of the Notice of Motion filed by the second defendant on 19 May 1998, in the exercise of my discretion, I make Order 1 that the proceedings constituted by the plaintiff's Amended Summons filed on 27 April 1998 be stayed; 4. As between the plaintiff and the first defendant I order the plaintiff to pay that party's costs; 5. As between the plaintiff and the second defendant, pursuant to the orders made by Bell AJ on 29 April 1998, I make no order as to costs.