Koompahtoo Local Aboriginal Land Council v CKT Developments Pty Ltd & Anor [2006] NSWSC 862

New South Wales Supreme Court

CITATION : Koompahtoo Local Aboriginal Land Council v CKT Developments Pty Ltd & Anor [2006] NSWSC 862

HEARING DATE(S) : 02/08/06

JUDGMENT DATE : 28 August 2006

JUDGMENT OF : Gzell J

DECISION : Council's proceedings to be dismissed. Mortgagee to have judgment against Council for outstanding principal and interest and order for withdrawal of caveat. Cross claims otherwise to be dismissed.

CATCHWORDS : ABORIGINALS - Land Rights - Local Aboriginal Land Council in joint venture to develop its land - Council and joint venture partner enter into loan agreement - Council mortgages land to lender - Same issues as in Koompahtoo Local Aboriginal Land Council v KLALC Property & Investment Pty Ltd & Anor [2006] NSWSC 856 except as follows - No evidence of Council resolution authorising execution of mortgage - Whether chairman had ostensible authority to bind Council - Whether Council ratified the mortgage - Secretary's certificate under the Aboriginal Land Rights Act 1983, s 40D(2) had typographical error - Whether a proper certificate - Second certificate correcting error issued - Whether a proper certificate

Aboriginal Land Rights Act 1983 LEGISLATION CITED : Real Property Act 1900 Fair Trading Act 1987

Koompahtoo Local Aboriginal Land Council v KLALC Property & Investment Pty Ltd & Anor [2006] NSWSC 856 CASES CITED : Freeman & Lockyer v Buckhurst Park Properties (Magnal) Ltd [1964] 2 QB 480 Hely-Hutchinson v Brayhead Ltd [1968] 1 QB 549 Crabtree-Vickers Pty Ltd v Australian Direct Mail Advertising & Addressing Co Pty Ltd (1975) 133 CLR 72

Koompahtoo Aboriginal Land Council - Plaintiff, 1st Cross Defendant to 1st Cross Claim, Cross Defendant to 2nd Cross Claim, 3rd Cross Claimant PARTIES : CKT Developments Pty Ltd - 1st Defendant, 2nd Defendant to 1st Cross Claim, 2nd Cross Claimant, Cross Defendant to 3rd Cross Claim LKM Capital Ltd - 2nd Defendant, 1st Cross Claimant