News Corporation Ltd v NCSC - [1984] FCA 33

Re: RALKON AGRICULTURAL COMPANY PTY LIMITED
And: ABORIGINAL DEVELOPMENT COMMISSION and POINT McLEAY COMMUNITY COUNCIL INC.
(1984) 1 FCR 210
No. SA G50 of 1981
Administrative Law
(1984) ADMN para 96-003

COURT

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION
Fisher J.(1)

CATCHWORDS

Administrative law - judicial Review - Grant of leasehold interest - Jurisdiction of decision maker - Whether decisions authorised by enactment - Error of Law - Grant of interest to "Aboriginal Corporation" - Whether applicant an "Aboriginal Corporation" - Quantum and revocability of interest granted - Whether applicant an "aboriginal body" - Alleged Breach of Rules of Natural Justice - Legitimate Expectation - Whether improper exercise of power.

Aboriginal Development Commission Act 1980 ss.3, 4(1), 8, 9, 24, 27, 28, 51

Administrative Decisions (Judicial Review) Act 1977 s.5

Aboriginal Land Fund Commission Act 1974 ss.18, 19, 20, 21

Associations Incorporation Act s.2l(2)

Administrative Law - Judicial review - Grant of leasehold interest - Jurisdiction of decision maker - Whether decisions authorised by enactment - Error of Law - Grant of interest to "Aboriginal Corporation" - Whether applicant an "Aboriginal Corporation" - Quantum and revocability of interest granted - Whether applicant an "Aboriginal body" - Natural justice - Legitimate expectation - Whether improper exercise of power - Aboriginal Development Commission Act 1980 (Cth), ss 3, 4(1), 8, 9, 24, 27, 38, 51 - Administrative Decisions (Judicial Review) Act 1977 (Cth), s. 5 - Aboriginal Land Fund Act 1974 (Cth), ss 18, 19, 20, 21 - Associations Incorporation Act 1956 (S.A.), s. 21 (2).

HEADNOTE

In 1974 the Community Council, representing Point McLeay Aboriginals, commenced steps to acquire a property known as Bartlett's Farm.

The Council held a ninety-nine-year lease (from the South Australian Aboriginal Lands Trust (the Trust)) over an adjoining property, the Point McLeay farm. The Aboriginal Land Fund Commission (ALFC) decided to fund the purchase, in the contemplation that the two properties would be worked as one unit. One of the conditions of the approval of funds was that a company be formed to operate the project. Another was that title remain in the ALFC pending finalisation of discussions for a lease to the company to be formed. The ALFC decided in 1976 to grant an interest under s. 20 of its Act, whereby it could grant interests to a specified type of body, namely an "Aboriginal Corporation" as defined under the Act. The ALFC purported to grant such an interest to Ralkon in respect of Bartlett's Farm. Ralkon was already farming the land at this time but was not informed of the grant.

The ALFC became concerned about the nature and form of the interest it was both obliged and entitled to grant, and purported to have granted, under s. 20 of the Act. Ralkon became concerned about its security of tenure. The ALFC then stated that it intended to approve a grant of interest under s. 20 of the Act to the "Point McLeay Community who will hold title to…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [1984] FCA 33
Decision Date: 29 FEBRUARY 1984

CaseChat Overview and Summary

News Corporation Limited and Ralkon Agricultural Company Pty. Limited, trading as Ralkon Farms, brought an application seeking judicial review of decisions made by the Aboriginal Development Commission (ADC). The ADC had granted a leasehold interest to Point McLeay Community Council Incorporated, which was designated as an Aboriginal Corporation, under the Leasing Act 1994 (SA). The applicants challenged the legality of the ADC's decisions, arguing that Point McLeay Community Council Incorporated was not an "Aboriginal Corporation" as defined by the Act and that the grant of interest was therefore unlawful. They also contended that the decision-making process breached the rules of natural justice and that there was an improper exercise of power.

The court considered several legal issues, including whether the ADC had jurisdiction to grant the leasehold interest and if the decisions were authorised by the enactment. It also examined if the grant was lawful given the classification of Point McLeay Community Council Incorporated as an "Aboriginal Corporation" and whether the decision-making process complied with the principles of natural justice. The court further assessed if there was an improper exercise of power by the ADC and if there was a breach of the rules of natural justice. Finally, the court considered if the applicants had a legitimate expectation and whether the decisions were unreasonable.

In dismissing the application, the court found that the ADC's decisions were authorised by the enactment and that there was no jurisdictional error. The court held that Point McLeay Community Council Incorporated qualified as an "Aboriginal Corporation" under the Act, and therefore the grant of interest was lawful. It determined that the decision-making process did not breach the rules of natural justice and that there was no improper exercise of power. Consequently, the application was dismissed, with Ralkon Agricultural Company Pty. Limited ordered to pay the costs of the Aboriginal Development Commission and Point McLeay Community Council Incorporated, to be taxed if not agreed.

Orders

Orders of the court

The application be dismissed.

Ralkon Agricultural Company Pty. Limited to pay the costs of the Aboriginal Development Commission and Point McLeay Community Council Inc. the same to be taxed if not agreed.

Orders accordingly.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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