Kruger & Ors v C of A

The applicants, Kruger and others, sought leave to appeal to the High Court of Australia against a decision of the Court of Appeal. The dispute concerned the interpretation and application of certain provisions of the *Native Title Act 1993* (Cth) in relation to native title claims.

The primary legal issue before the Court of Appeal, and subsequently before Brennan CJ on the application for leave to appeal, was whether the applicants had established a prima facie case for the existence of native title rights and interests over the area in question. This involved determining whether the evidence presented satisfied the threshold requirements of the *Native Title Act* for the recognition of native title.

Brennan CJ considered the evidence and submissions presented by both parties. His Honour's reasoning focused on the evidentiary burden required to establish a prima facie case under the *Native Title Act*. The Chief Justice applied the principles established in previous High Court decisions concerning the nature of native title and the requirements for its recognition, particularly in relation to demonstrating a continuing connection to the land and waters according to traditional laws and customs.

Leave to appeal was refused.