McKenzie v Honourable Peter Slipper MP

[2003] FCA 1416

FEDERAL COURT OF AUSTRALIA

McKenzie v Honourable Peter Slipper MP [2003] FCA 1416

MARK MCKENZIE v THE HONOURABLE PETER SLIPPER MP
S 598 OF 2003

SELWAY J
8 DECEMBER 2003
ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 598 OF 2003

BETWEEN:

MARK MCKENZIE
APPLICANT

AND:

THE HONOURABLE PETER SLIPPER MP
FIRST RESPONDENT

THE COMMONWEALTH OF AUSTRALIA
SECOND RESPONDENT

JUDGE:

SELWAY J

DATE OF ORDER:

8 DECEMBER 2003

WHERE MADE:

ADELAIDE

THE COURT ORDERS THAT:

1.        The application is dismissed.

2.        The applicant to pay the respondents’ costs to be taxed in the absence of agreement.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 598 OF 2003

BETWEEN:

MARK MCKENZIE
APPLICANT

AND:

THE HONOURABLE PETER SLIPPER MP
FIRST RESPONDENT

THE COMMONWEALTH OF AUSTRALIA
SECOND RESPONDENT

JUDGE:	SELWAY J
DATE:	8 DECEMBER 2003
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1. Mr McKenzie, on behalf of the Kuyani people, has instituted proceedings under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B of the Judiciary Act 1903 (Cth) arguing that the issue of a certificate under s 24 Lands Acquisition Act 1989 (Cth) and the subsequent acquisition of land by the Commonwealth was invalid. For the reasons given in State of South Australia v Honourable Peter Slipper MP [2003] FCA 1414, I am of the view that the proceedings must be dismissed with costs.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Selway.

Associate:

Dated:             8 December 2003

Counsel for the Applicant:	J Basten QC with A Tokley and S Ower
Solicitor for the Applicant:	Corsers Solicitors
Counsel for the Respondent:	D Bennett QC with T Howe and P Slattery
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	3, 4 November 2003
Date of Judgment:	8 December 2003