NSW Caselaw
New South Wales Court of Appeal
CITATION: MINISTER ADMINISTERING THE CROWN LANDS ACT v NEW SOUTH WALES ABORIGINAL LAND COUNCIL [2009] NSWCA 151
HEARING DATE(S): 6 May 2009
JUDGMENT DATE: 17 June 2009
JUDGMENT OF: Beazley JA at 1; Tobias JA at 1; Basten JA at 7
(1) Dismiss the appeal from the judgment and orders of Jagot J in the Land and Environment Court delivered on 31 January 2008. DECISION: (2) Order the appellant to pay the respondent's costs of the appeal.
CATCHWORDS: ABORIGINALS – land rights under legislation – New South Wales – Claim to Crown land – needed or likely to be needed as residential lands – proposed subdivision of Crown land for residential purposes – development application made – whether Crown Lands Minister held opinion at time of claim - ABORIGINALS – Aboriginal land claim – permissible use of evidence of events and conduct post-dating claim – whether such events and conduct irrelevant considerations - APPEAL – appeal from Land and Environment Court – right of appeal – when appeal lies – error of law – error in decision on a question of law – correct articulation of legal principle by trial judge – whether no other conclusion available upon basis of facts as found - WORDS AND PHRASES – "needed or likely to be needed"
Aboriginal Land Rights Act 1983 (NSW), s 36 LEGISLATION CITED: Crown Lands Act 1989 (NSW), s 35 Environmental Planning and Assessment Act 1979 (NSW), s 91A Land and Environment Court Act 1979 (NSW), ss 37, 57
CATEGORY: Principal judgment
Amaca Pty Ltd v Frost [2006] NSWCA 173; 67 NSWLR 635 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Bankstown Municipal Council v Fripp [1919] HCA 41; 26 CLR 385 Housing Commission of New South Wales v Falconer (1981) 1 NSWLR 547 CASES CITED: Minister Administering the Crown Lands Act v Deerubbin Local Aboriginal Land Council (1998) 43 NSWLR 249 Minister Administering the Crown Lands Act v Deerubbin Local Aboriginal Land Council (No 2) [2001] NSWCA 28; 50 NSWLR 665 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; 197 CLR 611 The Queen v Australian Stevedoring Industry Board; Ex parte Melbourne Stevedoring Company Pty Ltd [1953] HCA 22; 88 CLR 100 Randwick Municipal Council v Manousaki (1988) 66 LGRA 330 Vetter v Lake Macquarie City Council [2001] HCA 12; 202 CLR 439
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