Lawson v South Australian Minister for Water and the River Murray (No 2) [2014] NSWLEC 189

Land and Environment Court New South Wales

Medium Neutral Citation: Lawson v South Australian Minister for Water and the River Murray (No 2) [2014] NSWLEC 189 Hearing dates: 29 September 2014, 20 November 2014 Decision date: 08 December 2014 Jurisdiction: Class 3 Before: Biscoe J Decision: Pursuant to s 102 of the Public Works Act 1912, the Court appoints 31 March 2015 as the date by which the applicant may serve upon the Constructing Authority and upon the Crown Solicitor the notice in writing referred to in s 102 in respect of lands at Lake Victoria resumed in 1922. Catchwords: COMPENSATION - application by Aboriginal woman for extension of time under s 102 Public Works Act 1912 to serve a notice claiming compensation for land resumed in 1922 on the basis of possessory title of an ancestor to which she is a successor - whether claim barred by s 14(1)(d) Limitation Act 1969 - if not, whether discretion to extend time should be exercised in favour of applicant - discretionary considerations: sufficiency of evidence of claim; very long delay since resumption and consequential evidentiary problems; the fact that this is an Aboriginal land claim in the context of the history of indigenous dispossession and disadvantage and the relatively recent, nascent recognition by the courts that possessory title may have a role to play in land title claims by indigenous people; and the fact that applicant only became aware of potential claim in 2013 and thereafter proceeded reasonably expeditiously. Legislation Cited: Aboriginal Land Rights Act 1983 Crown Suits Act 1769 (Nullum Tempus) (Imp) Land Acquisition (Just Terms Compensation) Act 1991 Sch 3 cl 2(1) Land and Environment Court Act 1979 s 38(2) Limitation Act 1969 s 14(1)(d) Limitation of Actions Act 1974 (Qld) Miscellaneous Acts (Planning) Repeal and Amendment Act 1979 Sch 2 Public Works Act 1912 ss 42, 101(1), 102, 103, 104, 126, Part VII Uniform Civil Procedure Rules 2005 r 7.36 Cases Cited: Afton Band of Indians v Attorney General Nova Scotia (1978) 85 DLR (3rd) 454 Attorney-General for New South Wales v Love [1898] AC 679 Brisbane South Regional Health Authority v Taylor [1996] HCA 25, (1996) 186 CLR 541 Bugmy v The Queen [2013] HCA 37, (2013) 249 CLR 571 Casson v Leichhardt Council [2011] NSWLEC 243, (2011) 186 LGERA 34 Dobinson v Lake Macquarie City Council (1994) 82 LGERA 16 Jones v State of Queensland [2000] QSC 267 Lawson v South Australian Minister for Water and the River Murray [2014] NSWLEC 158 Mabo v Queensland (No 2) [1992] HCA 23, (1992) 175 CLR 1 MacMahon v Minister for Public Works (1995) 86 LGERA 344 Minister for Natural Resources v New South Wales Aboriginal Land Council and Anor (1987) 9 NSWLR 154 R v Steele [1834] NSWSupC 111 Still v Transgrid [2005] NSWLEC 531 The Attorney General v Love (1896) NSWR 16 Wik Peoples v Queensland [1996] HCA 40, (1996) 187 CLR 1 Category: Principal judgment Parties: Dorothy Lawson (Applicant) South Australian Minister for Water and the River Murray (First Respondent) NSW Crown Solicitor (Second Respondent) Representation: COUNSEL: P McEwen SC and M Seymour (20/11/14) M Dengate (agent) (29/9/14) (Applicant)