Adrian John Beattie for the Western Wakka Wakka Aboriginal People v Nexus Delivery (No. 2)

The matter before the court was a General Application filed by Adrian John Beattie, on behalf of the Western Wakka Wakka Aboriginal People, seeking an injunction to prevent works that would likely impact upon sites claimed to be protected by the applicants. The respondents were Nexus Delivery, and the case was heard in the Supreme Court of Queensland. The applicants alleged that the respondents' proposed works would have a detrimental effect on sites of cultural and spiritual significance to the Western Wakka Wakka people.

The legal issues that the court was required to decide included whether the sites in question were indeed of cultural and spiritual significance to the Western Wakka Wakka people, and if so, whether the proposed works would have a detrimental effect on those sites. The court also had to determine whether an injunction should be granted to prevent the works from proceeding. Furthermore, the court had to consider whether the injunction granted on 12 October 2016 should be extended.

In its reasoning, the court found that the sites in question were indeed of cultural and spiritual significance to the Western Wakka Wakka people. The court held that the proposed works would likely have a detrimental effect on those sites, and that an injunction should be granted to prevent the works from proceeding. However, the court decided not to extend the injunction granted on 12 October 2016, as it was of the view that the matter was better suited to be resolved through mediation. The court ordered that the matter be set for mediation. The court did not provide final orders in this decision, as it was only dealing with the interlocutory application for an injunction.