Benny Duncan and Others on behalf of the Ngarrawanji People/Maggie John and Others on behalf of the Malarngowem People/Vageta Pty Ltd/Western Australia

The case involved Benny Duncan and others on behalf of the Ngarrawanji People, Maggie John and others on behalf of the Malarngowem People, Vagetsa Pty Ltd, and Western Australia. The dispute was centred around the application for the determination of granting prospecting licences over native title lands. The application was made under section 24DA of the Native Title Act 1993 (Cth), seeking to allow the Minister to issue prospecting licences over the applicants' native title land.

The legal issues that the court needed to decide were whether the applicants, who were native title parties, had the capacity to consent to the grant of prospecting licences, and if the consent of the whole native title party was required. Additionally, the court had to consider whether the logistical difficulties that prevented the execution of a State Deed would affect the validity of the consent.

The court held that the applicants, as native title parties, did have the capacity to consent to the grant of prospecting licences. It was found that the consent of the whole native title party was necessary, as per section 24DA(5) of the Native Title Act 1993 (Cth). The court also determined that the logistical difficulties in executing the State Deed did not affect the validity of the consent, as the applicants had demonstrated a clear intention to consent to the grant of prospecting licences. Therefore, the court granted the determination that the act may be done.

The final orders of the court were that the determination be made under section 24DA of the Native Title Act 1993 (Cth), allowing the Minister to issue prospecting licences over the native title land, subject to the terms and conditions set out in the ancillary agreement executed by the parties.