Davis-Hurst on behalf of the Kattang People v Minister for Lands

The Kattang People, represented by Davis-Hurst, commenced proceedings against the Minister for Lands in a bid to assert their land rights. The case was heard in the Supreme Court of New South Wales. The central dispute centred around the validity of land grants issued by the Crown and the recognition of native title rights over the contested land. The Kattang People sought a declaration that they held native title rights over the land and that the land grants issued by the Crown were invalid to the extent that they conflicted with those rights.

The court was tasked with determining whether the Kattang People held native title rights over the land in question and whether the land grants issued by the Crown were valid. The legal issues included the recognition of native title, the extinguishment of native title rights by land grants, and the extent to which common law principles could be applied to native title matters. The court also needed to consider the historical context and the legal framework governing native title and land grants.

In its reasoning, the court examined the historical context of the land grants and the recognition of native title. The court found that the Kattang People did indeed hold native title rights over the land, which were not extinguished by the land grants issued by the Crown. The court held that the land grants did not have the effect of extinguishing native title rights, as they did not explicitly state that native title was extinguished and did not confer exclusive possession of the land. The court also noted that the common law principles governing native title and land grants must be applied with consideration of the unique nature of native title rights. Consequently, the notices of motion filed by the respondents were dismissed, and the court ordered that the two notices of motion be heard together with evidence in one to be evidence in the other.