Indigenous Land and Sea Corporation v Anderson

The Indigenous Land and Sea Corporation (ILSC) sought to claim possession of two parcels of land, one in New South Wales and the other in Queensland, for the purpose of divestment under its statutory functions. The first and second defendants, Mr Anderson and Ms Sapotnik-Eckford, opposed the ILSC’s claim. They claimed to have occupied the lands since 2002, with Mr Anderson asserting leadership of the Euahlayi Nation and ceremonial Elder status. They further claimed adverse possession of the lands since 2002, with a consensual occupation until 2019. The court needed to decide whether it had jurisdiction to hear the case, the validity of the defendants’ adverse possession claims, and the existence of native title rights and interests in the NSW land.

The court found that its cross-vested jurisdiction over the Queensland land was not contested and was therefore valid. The court also rejected the defendants’ adverse possession claims, finding that they had not occupied the lands for the requisite period under the Limitation Act. The court further found that the defendants’ claim of native title was invalid as the NSW land was subject to a freehold and perpetual leases, and any assumed native title rights and interests in the NSW land had been extinguished. The court found that the defendants’ claim of a pre-existing equitable right of possession based on ancient laws and customs was not supported by evidence. The court held that the defendants had not established a valid claim to the lands in question.

The court ordered that the ILSC be granted possession of the two parcels of land, one in New South Wales and the other in Queensland. The court further ordered that the defendants pay the ILSC’s costs of the proceeding.