Kemppi v Adani Mining Pty Ltd (No 3)

The matter before the court was an application by Ms Kemppi for an interlocutory injunction to restrain Adani Mining Pty Ltd from seeking and the State of Queensland from making a grant under a registered Indigenous Land Use Agreement (ILUA). The substantive proceeding sought to challenge the validity and certification of the ILUA, which had the effect of extinguishing native title over a portion of a registered native title claim area. Ms Kemppi, a member of the registered claimant group, claimed that the portion of land subject to extinguishment contained culturally significant sites. The court was required to determine whether the balance of convenience test favoured granting the injunction.

The court assessed the strength of the probability of Ms Kemppi's success at trial and considered the competing prejudices involved. The court found that the probability of success was weak, and the prejudices, though different in character, did not tip the balance in favour of granting the injunction. The court also noted that Ms Kemppi had refused to provide the usual undertaking as to damages in support of her application. The court concluded that the balance of convenience and justice did not favour the grant of an injunction.

The court dismissed the interlocutory application filed on 1 December 2017. The orders were that the application be dismissed, and entry of orders was dealt with in Rule 39.32 of the Federal Court Rules 2011.