Mogo Local Aboriginal Land Council v Eurobodalla Shire Council and Ors S41/2002

Mogo Local Aboriginal Land Council (the appellant) brought proceedings against Eurobodalla Shire Council and Ors (the respondents) in the Supreme Court of New South Wales. The dispute concerned the appellant's claim to native title over certain land within the Eurobodalla Shire. The primary judge dismissed the appellant's claim, and the appellant appealed to the High Court of Australia.

The High Court was required to determine whether the primary judge had erred in dismissing the appellant's native title claim. Specifically, the court considered whether the evidence presented by the appellant was sufficient to establish the existence of native title rights and interests in accordance with the *Native Title Act 1993* (Cth). This involved an examination of the traditional laws and customs of the appellant's people and whether those laws and customs continued to be observed and recognised by the native title holders.

The High Court upheld the primary judge's decision, finding that the appellant had failed to adduce sufficient evidence to establish that the traditional laws and customs of the appellant's people had been observed and recognised by the native title holders at the time of the claim. The court applied the principles established in *Mabo v Queensland (No 2)* and subsequent native title jurisprudence, which require proof of a continuing connection to the land based on traditional laws and customs. The evidence presented did not demonstrate that the appellant's people continued to hold native title rights and interests in the claimed area.

The appeal was dismissed.