Barngarla Determination Aboriginal Corporation RNTBC v District Council of Kimba

The appellant, Barngarla Determination Aboriginal Corporation RNTBC, applied for an interlocutory injunction to prevent the respondent, District Council of Kimba, from conducting a community ballot. The ballot was proposed to be conducted by the Commonwealth Minister responsible for selecting a site for the National Radioactive Waste Management Facility. The appellant argued that its members, who held native title rights to the land in question, were excluded from the ballot in contravention of the Racial Discrimination Act 1975 (Cth). The primary judge dismissed the application for injunctive relief.

The court considered whether the appeal would be rendered nugatory if the injunction was not granted, whether there was a strong prima facie case on appeal, and whether the balance of convenience favoured the grant of an injunction. The court found that the basis for the injunction had not been made out. The court also noted that the appellant could take steps to invite the court to list the appeal with urgency. The court reserved the question of costs and provided for liberty to apply on the question of costs.

The court dismissed the application for an interlocutory injunction. The court found that the appellant had not established a strong prima facie case on appeal and that the balance of convenience did not favour the grant of an injunction. The court also noted that the appellant could take steps to invite the court to list the appeal with urgency. The court reserved the question of costs and provided for liberty to apply on the question of costs.

The court made an order dismissing the appellant's application for an interlocutory injunction and providing for liberty to apply as to costs. The court also noted that the appellant could take steps to invite the court to list the appeal with urgency. The court reserved the question of costs and provided for liberty to apply on the question of costs.