Griffiths & Anor v Minister for Lands, Planning & Environment & Anor

[2007] HCATrans 320

[2007] HCATrans 320

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Darwin  No D3 of 2004

B e t w e e n -

ALAN GRIFFITHS ON BEHALF OF THE NGALIWURRA AND NUNGALI PEOPLES

First Applicant

WILLIAM GULWIN ON BEHALF OF THE NGALIWURRU AND NUNGALI PEOPLES

Second Applicant

and

MINISTER FOR LANDS, PLANNING AND ENVIRONMENT

First Respondent

LANDS AND MINING TRIBUNAL

Second Respondent

Publication of reasons and pronouncement of orders

HAYNE J
CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON THURSDAY, 21 JUNE 2007, AT 9.48 AM

Copyright in the High Court of Australia

HAYNE J:   The disposition I am about to read is that of Justice Callinan and myself.

This application for special leave was part heard on 22 April 2005: see [2005] HCATrans 223. There was then litigation pending in the Federal Court of Australia which affected the issues about compulsory acquisition of land which were the issues it was proposed to agitate on appeal to this Court. Accordingly, on 22 April 2005 it was ordered that the application for special leave be adjourned to a date to be fixed.

The litigation in the Federal Court has now proceeded to a point where it is no longer disputed that the applicants have native title rights and interests in land, the subject of the proposed compulsory acquisition.  The extent of those rights and interests is disputed.

The parties, having subsequently filed further written submissions in relation to the application for special leave, we consider that there should be a grant of special leave.

Pursuant to rule 41.11.1, we direct the Registrar to draw up, sign and seal and order granting special leave to appeal and I publish that disposition.

AT 9.49 AM THE MATTER WAS CONCLUDED