A.D. (deceased) on behalf of the Mirning People v State of Western Australia (No 2)

Michael Alfred Laing sought to be joined as a respondent to a native title determination application brought by the Mirning People against the State of Western Australia. Laing claimed to be a member of the Mirning People but was not within the current description of the claim group. Laing also sought ancillary orders to give restricted oral in camera evidence in support of his joinder application. The court had to decide whether Laing had a sufficient interest that may be affected by a determination and whether the joinder applicant was seeking to be joined in a representative capacity. The court also had to decide whether to grant the ancillary application to give restricted oral in camera evidence in support of Laing's joinder application.
The court found that Laing had elements of Mirning identity but not connection per se to the Mirning claim area. The court held that it was not in the interests of justice for Laing to be made a respondent to the Mirning Claim. The court further held that the proposed orders for restricted oral in camera evidence would have prejudiced the Mirning Applicant. The court dismissed Laing's application for joinder as a respondent and his ancillary application to give restricted oral in camera evidence. The court ordered that the Mirning Applicant file and serve submissions on costs, and that Laing file and serve submissions in response to the costs submissions. The court determined the costs application on the papers.