Fortescue Metals Group v Warrie on behalf of the Yindjibarndi People

Fortescue Metals Group (FMG) appealed against the primary judge's recognition of exclusive native title rights and interests held by the Yindjibarndi people over part of their traditional country. The appeal contested the primary judge's decisions on several legal issues, including whether there was an abuse of process, the sufficiency of evidence to support a determination of exclusive native title rights, and the interpretation of the term "occupy" in section 46B(1)(c) of the Native Title Act 1993 (Cth). The appeal also challenged the consistency of the primary judge's determination with a prior determination in Moses v Western Australia.

The court reviewed the primary judge's reasoning and found no abuse of process. The court held that the primary judge appropriately considered the statutory provisions and evidence regarding the Yindjibarndi people's traditional laws and customs. The court also affirmed that the primary judge did not err in determining that the Yindjibarndi had maintained their traditional customs concerning permission to enter their country. The court further clarified the meaning of "occupy" in the context of the native title determination, finding that the primary judge correctly concluded that at least one or more members of the Yindjibarndi group occupied certain parts of the claim area at the time the application was lodged.

The appeal was dismissed, with no order as to costs, pending any further submissions on that issue by the parties. The decision upheld the primary judge's findings and determinations, affirming the Yindjibarndi people's exclusive native title rights and interests over the specified area.