Morich v State of Western Australia
[2008] FCA 1567
•13 October 2008
FEDERAL COURT OF AUSTRALIA
Morich v State of Western Australia [2008] FCA 1567
NATIVE TITLE - notice on Court’s own motion to show cause why application should not be dismissed pursuant to s 190F(6) of the Native Title Act (Cth) - where application not likely to be amended in a way that would lead to a different outcome once considered by the Registrar of the Native Title Tribunal - where no other reason why the application should not be dismissed - application dismissed
Native Title Act 1993 (Cth) ss 190A, 190E, 190F(1) and (6)
Explanatory Memorandum to the Native Title Act Amendment Bill 2006Gudjala People # 2 v Native Title Registrar [2008] FCAFC 157
PATRICIA MARGARET MORICH and ORS ON BEHALF OF THE KORENG, MINANG AND WUDJARI PEOPLE v STATE OF WESTERN AUSTRALIA and ORS
WAD 6130 OF 1998
GILMOUR J
13 OCTOBER 2008
PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
WAD 6130 OF 1998
BETWEEN:
PATRICIA MARGARET MORICH
AVERIL DEAN
BERNARD NOEL MORICH
LEONARD GEORGE WILLIAMS
LANCEL WILLIAMS
TREASY WOODSApplicants
AND:
STATE OF WESTERN AUSTRALIA
ABERFOYLE RESOURCES LTD
BRUCE MUNRO ALFORD
ANDIAMO PTY LTD
ATTGOLD PTY LTD
AUSTRALASIAN CONFERENCE ASSOCIATION LTD
AUSTRALIAN MARITIME SAFETY AUTHORITY
AUSTRALIAN RED CROSS WA
AZTEC MINING CO LTD
KIM THOMAS BACK
G N BARKER
M A BARKER
BRIAN WILFRED BARROWS
BAY OF ISLES ABORIGINAL CORPORATION
DERRICK R BEALE
CHRISTOPHER BELTRAMA
WAYNE BIRSS
MICHAEL JAMES BLYTH
IRIS MAUDE BONSHORE
BRANCOTE AUSTRALIA NL
ANTHONY JAMES BRIDGE
CATHERINE HELEN BRYAN
THOMAS EDWARD BRYAN
MALCOLM JOHN BULLEN
RWDV BUSWELL
GA BUSWELL
RAYMOND JOHN THOMAS BUTLER
GREGORY ROBERT CAKE
ROBERT LEONARD CAKE
PAMELA GRACE CAKE
CAMERON FARMS PTY LTD
GRAY WILLIAM CARTER
IRENE ELIZABETH CARTER
BRIAN RICHARD CARTER
CITY OF ALBANY
J C CLAPIN
J A B CLAPIN
PETER S CLARKSON
COMET RESOURCES NL
COMMONWEALTH OF AUSTRALIA
JEFFREY FRANK COOKE
BARRY EDWARD CRITCHISON
MELDA LORRAINE DANIELS
STEPHEN ROSS DANIELS
DAVICA PTY LTD
WILLIAM GEORGE DAVISON
CRAIG S DE LANDGRAFFT
RACHEL MARY DEWAR
KIMBERLEY NEIL DEWAR
GARY HAROLD DIENHOFF
JAMES EDWARD DIMER
G F DREW
M J DREW
D A DREW
ROBERT DESMOND DUNBAR
DUSKWOOD PTY LTD
MARIE EADES
IAN B EDGAR
DENISE A EDGAR
M C EDSON
GORDON KEITH EDSON
EQUINOX RESOURCES NL
ESPERANCE COMMUNITY NURSING HOME INC
ESPERANCE PORT AUTHORITY
FALX PTY LTD
FORRESTANIA GOLD NL
PETER JOHN FULLARTON
GASCOYNE GOLD MINES NL
HUGH COLIN GILBERT
IAN M GOLDFINCH
RICHENDA J GOLDFINCH
J M GOODWIN
C J GOODWIN
L G GOODWIN
M M GOODWIN
P M GREEN
A L GREEN
K L GREEN
ROBIN RAY GREEN
RODNEY B GRIFFITHS
FRANCES E GRIFFITHS
MARGARET W GRIFFITHS
GUARDON PTY LTD
GWALIA MINERALS NL
CORINNE AUDREY HANDASYDE
NORMAN ARTHUR HANDASYDE
ANN HARTLEY
REG HAYDEN
RONALD GRAHAM HEBERLE
R L HEBERLE
CHARLES THOMAS HICK
DAVID MARK HICK
ANNE OLEVIA HICKS
WALTER JOHN HICKS
RUSSELL GUY HILDER
GRAEME LESLIE HOCKLEY
HORIZON MINING & RESOURCES NL
HOUSEBOAT HOLIDAYS
INTERNATIONAL MINERAL RESOURCES NL
ANTONIO ITALIANO
CHRISTINE ITALIANO
SG IVEY
CP IVEY
DM IVEY
RA IVEY
HP IVEY
GLEN KELLY
J G KELLY
GARY JOHN KENNEDY
STEVEN CLAUDE KENNEDY
COLIN JOHN KENNEDY
JEAN MARY KENT
GAIL MAREE KENT
PETER JOHN KENT
ARNOLD WILLIAM KENT
KIANA PTY LTD
JOAN PATRICIA ANN KING
TONY WAYNE KINGDON
RHONDA ANN KITSON
EDWARD WILLIAM KNIGHT
BEVAN CHARLES LAY
ROLANDO RONALD LOPRESTI
I C LORD
ROBERT BRUCE LOWDEN
A J LUKINS
H M LUKINS
P G LYALL
B W LYALL
MACKENZIE MARINE
MAKABA PTY LTD
MALLEE ABORIGINAL CORPORATION
M R MANGAN
IAN MANGAN
MANJIMUP ABORIGINAL CORPORATION
NEVILLE MANSTED
YVETTE RITA MANSTED
D K MARTIN
R J MARTIN
GEOFFREY DAVID MCDONALD
MCKERROW HOLDINGS PTY LTD
STEPHEN CHARLES MCWHIRTER
MAXWELL HUBERT MEADE
ENID MEADE
JOHN D MOIR
PHILLIP JAMES MOORE
MPI GOLD PTY LTD
MULATABA AQUACULTURE
MARK RAYMOND NEAVE
DOUG NELSON
NOONGAR LAND COUNCIL
JEREMY DANIEL NORTH
WILLIAM DANIEL NORTH
DAVID JOHN PALFREY
LYNETTE J PALMER
PAN AUSTRALIAN EXPLORATION PTY LTD
PAN AUSTRALIAN RESOURCES NL
ARNOLD PICCOLI
PILBARA NICKEL PTY LTD
LESLIE HAMILTON PINNIGER
STANISLAV PODGORMY
PR & LJ MCMAHON PTY LTD
EDWARD ALEXANDER PYLE
JOYCE MARY PYLE
GRAEME DAVID PYLE
M J RAMANAUSKAS
F P RAMANAUSKAS
B J RASMUSSEN
M J RASMUSSEN
E L RASMUSSEN
RED VALLEY PTY LTD
PETER ROBERT REEVES
JEAN ELEANOR REID
SALLY ANN REYNOLDS
RUSSELL GRENELL ROBERTS
KEVAN PETER ROBERTS
DOUGLAS JAMES ROGERS
ROSEBAY COURT PTY LTD
ALAN RULE
R S RYDING
SARBA PTY LTD
ALFRED NEWTON SHARP
SHIRE OF CRANBROOK
SHIRE OF DENMARK
SHIRE OF ESPERANCE
SHIRE OF JERRAMUNGUP
SHIRE OF KATANNING
SHIRE OF KENT
SHIRE OF KOJONUP
SHIRE OF KONDININ
SHIRE OF LAKE GRACE
SHIRE OF MANJIMUP
SHIRE OF PLANTAGENET
SHIRE OF RAVENSTHORPE
TERRI ELLEN SMART
KEITH ADRIAN SMART
HELEN J SOULOS
NICHOLAS E SOULOS
SOUTH WEST ABORIGINAL LAND & SEA COUNCIL ABORIGINAL CORPORATION
BARRY WALTER SPENCE
WAYNE M SPENCER
SPRING VALLEY PTY LTD
ST ANDREW'S ANGLICAN CHURCH
ST JOHN AMBULANCE ASSOCIATION IN WA INC
MAURICE IAN STONE
PHILLIP ANTHONY STONE
M J SUMMERS
K M SUMMERS
N B SUMMERS
J A SUMMERS
M E SUMMERS
D E SUMMERS
SUNLAND PTY LTD
SUPERSORB PTY LTD
RICHARD NORMAN SWARBRICK
D A SYMINGTON
B A SYMINGTON
TECTONIC RESOURCES LTD
TELSTRA CORPORATION LIMITED
TENTERDEN AGRICULTURE INSTITUTE INC
THE SHELL COMPANY OF AUSTRALIA LIMITED
K C THOMAS
DAVID JOHN THOMAS
B L THOMAS
GRAHAM LESLIE THOMPSON
GLENYS H TINK
MAXWELL E TINK
TROTTER NOMINEES PTY LTD
TT SAND PTY LTD
ROBERT JOHN TUCKER
LESLIE TUCKER
UNITING CHURCH IN AUSTRALIA WA SYNOD
UPESI NOMINEES
VAN RIJN P & LA & SON
K E WAITE
DEXTER MICHAEL WARNE
SHIRLEY MAY WARNE
PETER WARRILON
WEIRLAMUN ABORIGINAL CORPORATION
LEONARD GEOFFORY NEIL WELLSTEAD
G WELLSTEAD
J J WELLSTEAD
WESTERN AUSTRALIA FISHING INDUSTRY COUNCIL (INC)
WESTRALIAN SHELLS
RODERICK P WHEATCROFT
WIESE NOMINEES PTY LTD
MICHAEL ROSS WILLIAMS
BARRY ARTHUR WILLIAMSON
VILMA CHRISTINA WILLOUGHBY
BRIAN GEORGE WILLOUGHBY
LACHLIN SAMUEL KERR WILSON
WILSON DIVING CO FAMILY TRUST
WILSON DIVING CO PTY LTD
WONGATHA-CAPS DEVELOPMENTS INC
GRAHAM DAVID WORMUN
EMILY MAY WORMUN
SUSAN ROSE WYATTWALTER ZORZI
ERIC ZORZI
Respondents
JUDGE:
GILMOUR J
DATE OF ORDER:
13 OCTOBER 2008
WHERE MADE:
PERTH
THE COURT ORDERS THAT:
1.The application be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
WAD 6130 OF 1998
BETWEEN:
PATRICIA MARGARET MORICH
AVERIL DEAN
BERNARD NOEL MORICH
LEONARD GEORGE WILLIAMS
LANCEL WILLIAMS
TREASY WOODSApplicants
AND:
STATE OF WESTERN AUSTRALIA
ABERFOYLE RESOURCES LTD
BRUCE MUNRO ALFORD
ANDIAMO PTY LTD
ATTGOLD PTY LTD
AUSTRALASIAN CONFERENCE ASSOCIATION LTD
AUSTRALIAN MARITIME SAFETY AUTHORITY
AUSTRALIAN RED CROSS WA
AZTEC MINING CO LTD
KIM THOMAS BACK
G N BARKER
M A BARKER
BRIAN WILFRED BARROWS
BAY OF ISLES ABORIGINAL CORPORATION
DERRICK R BEALE
CHRISTOPHER BELTRAMA
WAYNE BIRSS
MICHAEL JAMES BLYTH
IRIS MAUDE BONSHORE
BRANCOTE AUSTRALIA NL
ANTHONY JAMES BRIDGE
CATHERINE HELEN BRYAN
THOMAS EDWARD BRYAN
MALCOLM JOHN BULLEN
RWDV BUSWELL
GA BUSWELL
RAYMOND JOHN THOMAS BUTLER
GREGORY ROBERT CAKE
ROBERT LEONARD CAKE
PAMELA GRACE CAKE
CAMERON FARMS PTY LTD
GRAY WILLIAM CARTER
IRENE ELIZABETH CARTER
BRIAN RICHARD CARTER
CITY OF ALBANY
J C CLAPIN
J A B CLAPIN
PETER S CLARKSON
COMET RESOURCES NL
COMMONWEALTH OF AUSTRALIA
JEFFREY FRANK COOKE
BARRY EDWARD CRITCHISON
MELDA LORRAINE DANIELS
STEPHEN ROSS DANIELS
DAVICA PTY LTD
WILLIAM GEORGE DAVISON
CRAIG S DE LANDGRAFFT
RACHEL MARY DEWAR
KIMBERLEY NEIL DEWAR
GARY HAROLD DIENHOFF
JAMES EDWARD DIMER
G F DREW
M J DREW
D A DREW
ROBERT DESMOND DUNBAR
DUSKWOOD PTY LTD
MARIE EADES
IAN B EDGAR
DENISE A EDGAR
M C EDSON
GORDON KEITH EDSON
EQUINOX RESOURCES NL
ESPERANCE COMMUNITY NURSING HOME INC
ESPERANCE PORT AUTHORITY
FALX PTY LTD
FORRESTANIA GOLD NL
PETER JOHN FULLARTON
GASCOYNE GOLD MINES NL
HUGH COLIN GILBERT
IAN M GOLDFINCH
RICHENDA J GOLDFINCH
J M GOODWIN
C J GOODWIN
L G GOODWIN
M M GOODWIN
P M GREEN
A L GREEN
K L GREEN
ROBIN RAY GREEN
RODNEY B GRIFFITHS
FRANCES E GRIFFITHS
MARGARET W GRIFFITHS
GUARDON PTY LTD
GWALIA MINERALS NL
CORINNE AUDREY HANDASYDE
NORMAN ARTHUR HANDASYDE
ANN HARTLEY
REG HAYDEN
RONALD GRAHAM HEBERLE
R L HEBERLE
CHARLES THOMAS HICK
DAVID MARK HICK
ANNE OLEVIA HICKS
WALTER JOHN HICKS
RUSSELL GUY HILDER
GRAEME LESLIE HOCKLEY
HORIZON MINING & RESOURCES NL
HOUSEBOAT HOLIDAYS
INTERNATIONAL MINERAL RESOURCES NL
ANTONIO ITALIANO
CHRISTINE ITALIANO
SG IVEY
CP IVEY
DM IVEY
RA IVEY
HP IVEY
GLEN KELLY
J G KELLY
GARY JOHN KENNEDY
STEVEN CLAUDE KENNEDY
COLIN JOHN KENNEDY
JEAN MARY KENT
GAIL MAREE KENT
PETER JOHN KENT
ARNOLD WILLIAM KENT
KIANA PTY LTD
JOAN PATRICIA ANN KING
TONY WAYNE KINGDON
RHONDA ANN KITSON
EDWARD WILLIAM KNIGHT
BEVAN CHARLES LAY
ROLANDO RONALD LOPRESTI
I C LORD
ROBERT BRUCE LOWDEN
A J LUKINS
H M LUKINS
P G LYALL
B W LYALL
MACKENZIE MARINE
MAKABA PTY LTD
MALLEE ABORIGINAL CORPORATION
M R MANGAN
IAN MANGAN
MANJIMUP ABORIGINAL CORPORATION
NEVILLE MANSTED
YVETTE RITA MANSTED
D K MARTIN
R J MARTIN
GEOFFREY DAVID MCDONALD
MCKERROW HOLDINGS PTY LTD
STEPHEN CHARLES MCWHIRTER
MAXWELL HUBERT MEADE
ENID MEADE
JOHN D MOIR
PHILLIP JAMES MOORE
MPI GOLD PTY LTD
MULATABA AQUACULTURE
MARK RAYMOND NEAVE
DOUG NELSON
NOONGAR LAND COUNCIL
JEREMY DANIEL NORTH
WILLIAM DANIEL NORTH
DAVID JOHN PALFREY
LYNETTE J PALMER
PAN AUSTRALIAN EXPLORATION PTY LTD
PAN AUSTRALIAN RESOURCES NL
ARNOLD PICCOLI
PILBARA NICKEL PTY LTD
LESLIE HAMILTON PINNIGER
STANISLAV PODGORMY
PR & LJ MCMAHON PTY LTD
EDWARD ALEXANDER PYLE
JOYCE MARY PYLE
GRAEME DAVID PYLE
M J RAMANAUSKAS
F P RAMANAUSKAS
B J RASMUSSEN
M J RASMUSSEN
E L RASMUSSEN
RED VALLEY PTY LTD
PETER ROBERT REEVES
JEAN ELEANOR REID
SALLY ANN REYNOLDS
RUSSELL GRENELL ROBERTS
KEVAN PETER ROBERTS
DOUGLAS JAMES ROGERS
ROSEBAY COURT PTY LTD
ALAN RULE
R S RYDING
SARBA PTY LTD
ALFRED NEWTON SHARP
SHIRE OF CRANBROOK
SHIRE OF DENMARK
SHIRE OF ESPERANCE
SHIRE OF JERRAMUNGUP
SHIRE OF KATANNING
SHIRE OF KENT
SHIRE OF KOJONUP
SHIRE OF KONDININ
SHIRE OF LAKE GRACE
SHIRE OF MANJIMUP
SHIRE OF PLANTAGENET
SHIRE OF RAVENSTHORPE
TERRI ELLEN SMART
KEITH ADRIAN SMART
HELEN J SOULOS
NICHOLAS E SOULOS
SOUTH WEST ABORIGINAL LAND & SEA COUNCIL ABORIGINAL CORPORATION
BARRY WALTER SPENCE
WAYNE M SPENCER
SPRING VALLEY PTY LTD
ST ANDREW'S ANGLICAN CHURCH
ST JOHN AMBULANCE ASSOCIATION IN WA INC
MAURICE IAN STONE
PHILLIP ANTHONY STONE
M J SUMMERS
K M SUMMERS
N B SUMMERS
J A SUMMERS
M E SUMMERS
D E SUMMERS
SUNLAND PTY LTD
SUPERSORB PTY LTD
RICHARD NORMAN SWARBRICK
D A SYMINGTON
B A SYMINGTON
TECTONIC RESOURCES LTD
TELSTRA CORPORATION LIMITED
TENTERDEN AGRICULTURE INSTITUTE INC
THE SHELL COMPANY OF AUSTRALIA LIMITED
K C THOMAS
DAVID JOHN THOMAS
B L THOMAS
GRAHAM LESLIE THOMPSON
GLENYS H TINK
MAXWELL E TINK
TROTTER NOMINEES PTY LTD
TT SAND PTY LTD
ROBERT JOHN TUCKER
LESLIE TUCKER
UNITING CHURCH IN AUSTRALIA WA SYNOD
UPESI NOMINEES
VAN RIJN P & LA & SON
K E WAITE
DEXTER MICHAEL WARNE
SHIRLEY MAY WARNE
PETER WARRILON
WEIRLAMUN ABORIGINAL CORPORATION
LEONARD GEOFFORY NEIL WELLSTEAD
G WELLSTEAD
J J WELLSTEAD
WESTERN AUSTRALIA FISHING INDUSTRY COUNCIL (INC)
WESTRALIAN SHELLS
RODERICK P WHEATCROFT
WIESE NOMINEES PTY LTD
MICHAEL ROSS WILLIAMS
BARRY ARTHUR WILLIAMSON
VILMA CHRISTINA WILLOUGHBY
BRIAN GEORGE WILLOUGHBY
LACHLIN SAMUEL KERR WILSON
WILSON DIVING CO FAMILY TRUST
WILSON DIVING CO PTY LTD
WONGATHA-CAPS DEVELOPMENTS INC
GRAHAM DAVID WORMUN
EMILY MAY WORMUN
SUSAN ROSE WYATTWALTER ZORZI
ERIC ZORZI
Respondents
JUDGE:
GILMOUR J
DATE:
13 OCTOBER 2008
PLACE:
PERTH
REASONS FOR JUDGMENT
On 13 October 2008 ex tempore reasons were given for dismissing the application. The following are edited reasons.
BACKGROUND
On 10 September 2007 a delegate of the Native Title Registrar decided pursuant to s 190A of the Native Title Act 1993 (Cth) (Native Title Act) not to accept the application for registration.
It was not submitted nor was there any evidence to suggest that since failing the registration test the Applicant has either applied to the National Native Tribunal pursuant to s 190E(1) of the Native Title Act for reconsideration of the Delegates decision or applied to the Court pursuant to s 190F(1) of the Native Title Act for the review of that decision.
In these circumstances the Court of its own motion listed the matter for a directions hearing on 9 April 2008. At that directions hearing the Court directed the parties to file and serve submissions in relation to the disposition of the application pursuant to s 190F(6) of the Native Title Act on or before 7 May 2008. Subsequent to this date and in light of the Full Court’s decision in the matter of Gudjala People # 2 v Native Title Registrar [2008] FCAFC 157 delivered on 27 August 2008, parties were invited by the Court to file and serve any further submissions prior to the hearing of the application.
SECTION 190F(6) - SHOULD THE APPLICATION BE DISMISSED?
In this matter, the criteria under s 190F(6)(a) of the Native Title Act have been satisfied and the question is whether or not, in the opinion of the Court, there is no other reason why the application in issue should not be dismissed (s 190F(6)(b)).
No affidavits have been filed by the Applicant, although the Court has the benefit of written submissions and I have proceeded on the basis that those written submissions were either affirmed or deposed to in order to attest, at least in a preliminary way, whether or not there is another reason or reasons why the application should not be dismissed. The submissions refer to a number of matters and I will deal with them separately.
First it is said that a combination of Aboriginal politics and discrimination within the Aboriginal community has limited the provision of legal assistance and the progress of the claim. Second, ongoing changes to the Native Title Act over the years and the lack of legal representation have made it almost impossible to progress the claim. Third, the Applicants are concerned about the late meeting arranged by the Tribunal and held by the South-West Aboriginal Land and Sea Council on 5 May 2008 in Albany, which left them with one day to provide submissions to the Court in compliance with the orders of the Court. Fourth, the applicants know, they say, that their ancestors have never given away their rights to the land and waters within their traditional lands, along with the fact that their lands were taken by forcible means or genocide. Fifth, they have recorded 15 massacre sites within the claim area that were sanctioned, they say, by the government of the day. Sixth, the collection of research data to substantiate the claim has been, it is submitted, marred by the explicit details of atrocities committed against their ancestors. Seventh, representatives of the Wom‑ber claimant group have expressed their willingness to continue mediation with the South West Aboriginal Land and Sea Council in order to progress the amalgamation of all three overlapping claims if agreed to by all other claimant groups. Eighth, the Applicants have discussed the prospect of an amendment to the original claim in the major area along with the preference of becoming a party to the other claims which the original Wom-ber land claim covers.
Lastly, in a statement by the Applicants they state, amongst other things, that recent research conducted on the Wom-ber group demonstrates a connection to 12 families of the biological descendants of named persons on which the native description of the Wagyl Kaip/Southern Noongar claim group is formulated and they reserve the right to seek the assistance of the worldwide press if their claim is rejected by the Federal Court process. The Applicants also state that no one person or government official or organisation has the right to remove their claim to land and waters against their wishes and that they wish to have the right to claim their heritage.
The Wom-ber applicants’ submissions purport to raise a number of matters for consideration pursuant to s 190F(6)(b) of the Native Title Act as to whether, in the opinion of the Court, there is no other reason why the application should not be dismissed. The Explanatory Memorandum to the NTA Amendment Bill 2006 states that the criterion set out in paragraph 190F(6)
... will ensure that applications are not dismissed where there is good reason for a claim remaining in the system, despite being unregistered.
By way of example, the Explanatory Memorandum suggests that the Court may consider that an application should not be dismissed if, despite being unregistered, the claim is close to reaching resolution (para 4.331).
The Wom-ber claim overlaps various other underlying claims. The Wom-ber applicants have proposed to remedy those overlaps by combining with the underlying claims or merging with the unregistered Single Noongar claim #1 application. On the materials before me, it appears, that proposals of that kind have been mooted from time to time over many years without coming to fruition.
Even if the remaining matters raised in the Wom-ber applicants’ submissions were addressed within a reasonable timeframe, and there does not appear to be anything in the materials to suggest that that is the case, it is unlikely that the application will be quickly resolved. In this regard, I am mindful of the long procedural history of this matter which is usefully summarised at page 6 by the Delegate in the Native Title Registrar’s reasons for decision.
In these circumstances, the submissions, even assuming that they had been put in the form of affidavit evidence, do not constitute a good reason why this application should not be dismissed. It should also be borne in mind that a dismissal of this application will not prejudice the rights of the claim group to be part of another native title claim or to lodge a further application when the connection research process has been completed. In my opinion, the application should therefore be dismissed and I so order.
I certify that the preceding thirteen (13) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gilmour. Associate:
Dated: 21 October 2008
Solicitor for the Applicants: No appearance Solicitor for the State of Western Australia: Mr G J Ranson GoldfieldsLand and Sea Council Ms S Phillips West Australian Fishing Industry Council Ms M Watts Commonwealth of Australia Ms S Oliver
Date of Hearing: 13 October 2008 Date of Judgment: 13 October 2008
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