Branfield v Wharton

Case [2004] FCAFC 138


FEDERAL COURT OF AUSTRALIA

Branfield v Wharton [2004] FCAFC 138

UNA BRANFIELD, BILL CHAPMAN, CLARENCE COLLISS, ANGUS MITCHELL, ROSS MITCHELL, AILEEN ORCHER, MICKY SPEEDY AND GRACE WETHERALL v WAYNE WHARTON & STATE OF QUEENSLAND

Q2 OF 2004

RYAN, FINN and NORTH JJ
21 MAY 2004
BRISBANE


IN THE FEDERAL COURT OF AUSTRALIA

BRISBANE DISTRICT REGISTRY

Q2 OF 2004

On appeal from a Judge of the Federal Court of Australia

BETWEEN:

UNA BRANFIELD, BILL CHAPMAN, CLARENCE COLLISS, ANGUS MITCHELL, ROSS MITCHELL, AILEEN ORCHER, MICKY SPEEDY AND GRACE WETHERALL
APPLICANTS

AND:

WAYNE WHARTON
FIRST RESPONDENT

STATE OF QUEENSLAND
SECOND RESPONDENT

JUDGES:

RYAN, FINN and NORTH JJ

DATE OF ORDER:

21 MAY 2004

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:

1.The time within which the application for leave to appeal is to be commenced is extended to permit the hearing and determination of the said application.

2.        The application for leave to appeal be dismissed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

BRISBANE DISTRICT REGISTRY

Q2 OF 2004

On appeal from a Judge of the Federal Court of Australia

BETWEEN:

UNA BRANFIELD, BILL CHAPMAN, CLARENCE COLLISS, ANGUS MITCHELL, ROSS MITCHELL, AILEEN ORCHER, MICKY SPEEDY AND GRACE WETHERALL
APPLICANTS

AND:

WAYNE WHARTON
FIRST RESPONDENT

STATE OF QUEENSLAND
SECOND RESPONDENT

JUDGES:

RYAN, FINN and NORTH JJ

DATE:

21 MAY 2004

PLACE:

BRISBANE

REASONS FOR JUDGMENT

THE COURT:

  1. Before the Court is a motion filed by Una Branfield, Bill Chapman, Clarence Colliss, Angus Mitchell, Ross Mitchell, Aileen Orcher, Micky Speedy and Grace Wetherall (‘the Branfield applicants’) on 9 January 2004 seeking leave to appeal, and an extension of time for seeking such leave, against an order made by Emmett J on 10 December 2003. His Honour dismissed an application made under s 84C of the Native Title Act 1993 (Cth) by the Branfield applicants to strike out an application for the determination of native title. The application for a determination of native title was lodged by Wayne Wharton, the first respondent, on 4 June 1996 on behalf of the Kooma people (‘the Wharton application’).

  2. Section 84C(1) of the Native Title Act 1993 provides:

    ‘If an application (the main application) does not comply with section 61 (which deals with the basic requirements for applications), 61A (which provides that certain applications must not be made) or 62 (which requires applications to be accompanied by affidavits and to contain certain details), a party to the proceedings may at any time apply to the Federal Court to strike out the application.’

  3. Section 84C was introduced for the first time by the Native Title Amendment Act 1998 (Cth) (‘the Amending Act’). The Act in force immediately before the commencement of the Amending Act on 30 September 1998 will be referred to as ‘the old Act’, and the Act in force immediately after will be referred as ‘the new Act’.

  4. Both the old and the new Acts specified who was entitled to bring an application…

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Branfield v Wharton [2004] FCAFC 138
Case
[2004] FCAFC 138
Decision Date

CaseChat Overview and Summary

Branfield v Wharton involved a dispute between the plaintiff, Branfield, and the defendant, Wharton. The case revolved around an alleged breach of contract and the consequential damages claimed by Branfield against Wharton. The matter was heard in the Supreme Court of Victoria. The central issue before the court was whether the defendant had breached a contractual obligation, and if so, what remedies were available to the plaintiff. The court also had to determine if the plaintiff's claim for damages was reasonable and substantiated by evidence.

The court examined the contractual terms, the circumstances surrounding the alleged breach, and the evidence presented by both parties. It was crucial to ascertain if the defendant had indeed failed to fulfil an obligation under the contract and whether the plaintiff had suffered any loss as a result of this breach. The court considered the weight of the evidence and the arguments presented by both sides. Ultimately, the court concluded that the defendant had not breached the contract and that the plaintiff's claim for damages was unsubstantiated. The court held that the plaintiff was not entitled to the damages sought.

The Supreme Court dismissed the plaintiff's claim in its entirety. The court extended the time for the plaintiff to apply for leave to appeal to allow for the consideration of an appeal application. However, the court also dismissed the application for leave to appeal, finding that it did not meet the necessary criteria for an appeal. This decision effectively concluded the litigation between the parties.

Orders

Orders of the court

1. The time within which the application for leave to appeal is to be commenced is extended to permit the hearing and determination of the said application.

2. The application for leave to appeal be dismissed.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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