Legal Research
Cases
Evans v Western Australia

Evans v Western Australia

Case [1997] FCA 741 8 August 1997

Native Title

Breach of Contract

Unjust Enrichment

Unconscionable Conduct

Fiduciary Duty

Indigenous Peoples & Native Title Law

No judgment structure available for this case.

Type to search within this case.

FEDERAL COURT OF AUSTRALIA

NATIVE TITLE - permissible future acts - grant of mining leases - whether arbitral body has power to impose a condition of compensation in its determination - whether issue of such compensation can be adjourned to a later date - whether further conditions can be imposed at the mining stage - whether arbitration can be ordered as a condition referrable to the mining stage - whether conditions providing for negotiation without sanction are within statutory authority - whether public interest test correctly applied.

Native Title Act 1993 (Cth)
Mining Act 1978 (WA)

North Ganalanja Aboriginal Corporation v Queensland (1996) 135 ALR 225
Bull v Attorney-General (NSW) (1913) 17 CLR 370
Racecourse Co-operative Sugar Association Limited v Attorney General (Queensland) (1979) 142 CLR 460
Allingham v Minister of Agriculture and Fisheries [1948] 1 All ER 780
Turner v Owen (1990) 26 FCR 366
Sambell v Cook [1962] VR 448
Levy v Farrell (1861) 1 W&W(E)
Television Corporation Limited v The Commonwealth (1963) 109 CLR 59
Household Financial Services Ltd v Commercial Tribunal of New South Wales (1995) 36 NSWLR 220
Genkem Pty Ltd v Environment Protection Authority (1994) 35 NSWLR 33
Australian Securities Commission v Deloitte Touche Tohmatsu (1996) 138 ALR 655
O’Sullivan v Farrer (1989) 168 CLR 210
Right to Life Association (NSW) Inc v Secretary, Department of Human Services and Health (1995) 128 ALR 2238

TED COMANOO EVANS and RICHARD EVANS on behalf of the KOARA PEOPLE v STATE OF WESTERN AUSTRALIA & ORS

WAG 6010 of 1996

R D NICHOLSON J
PERTH
8 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA )

)

WESTERN AUSTRALIA DISTRICT REGISTRY ) WAG 6010 of 1996
)

)

GENERAL DIVISION )

BETWEEN:
TED COMANOO EVANS and RICHARD EVANS on behalf of the KOARA PEOPLE
Applicants

AND:
STATE OF WESTERN AUSTRALIA
First Respondent

SONS OF GWALIA LTD
Second Respondent

MOUNT EDON GOLD MINES (AUST) LTD
Third Respondent

D J & R M COTTEE and P J TOWNSEND
Fourth Respondents

JUDGE: R D NICHOLSON J

PLACE: PERTH

DATED: 8 AUGUST 1997

MINUTES OF ORDER

THE COURT ORDERS THAT:

The matter be remitted to the Tribunal to be heard and decided again in accordance with the law with or without the hearing of further evidence as the Tribunal shall decide.

Counsel be heard as to costs.

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

IN THE FEDERAL COURT OF AUSTRALIA )

)

WESTERN AUSTRALIA DISTRICT REGISTRY ) WAG 6010 of 1996

)

GENERAL DIVISION )

BETWEEN:
TED COMANOO EVANS and RICHARD EVANS on behalf of THE KOARA PEOPLE
Applicants

AND:
STATE OF WESTERN AUSTRALIA
First Respondent

SONS OF GWALIA
Second Respondent

MOUNT EDON GOLD MINES (AUST) LTD
Third Respondent

D J & R M COTTEE and P J TOWNSEND
Fourth Respondents

JUDGE: R D NICHOLSON J

PLACE: PERTH

DATED: 8 AUGUST 1997

REASONS FOR JUDGMENT

This is an appeal pursuant to s169(1) of the Native Title Act 1993 (Cth) (“the Act”)…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Evans v Western Australia

Details

AGLC: Evans v Western Australia [1997] FCA 741
Case: [1997] FCA 741
Decision Date: 8 AUGUST 1997

CaseChat Overview and Summary

The case of Evans v Western Australia was an appeal to the Federal Court of Australia concerning the determination of mining leases by the Native Title Tribunal (the Tribunal) on lands claimed by the Koara people. The Tribunal had issued determinations allowing the grant of mining leases subject to certain conditions, which the applicants contested. The applicants argued that the Tribunal lacked the authority to impose conditions for compensation to be paid to native title parties and that the conditions imposed were insufficiently particularised. The court considered several grounds of appeal, including the Tribunal's authority to impose conditions of compensation, its power to adjourn the assessment of negotiated compensation, its ability to impose further conditions at the mining stage, and the validity of certain conditions regarding negotiations between the parties. The court found that the Tribunal had the authority to impose conditions for compensation, contrary to its earlier decision, and that the conditions in question were not sufficiently particularised to ensure the resolution of outstanding issues. The court also found that the Tribunal had not correctly considered the public interest in the proposed mining leases. Consequently, the court remitted the matter back to the Tribunal for reconsideration in light of the court's findings.

Orders