Ngurampaa Limited v Brewarrina Shire Council

[2015] HCASL 153

NGURAMPAA LIMITED
v
BREWARRINA SHIRE COUNCIL
[2015] HCASL 153
S77/2015

1. The applicant seeks removal to this Court of part of a proceeding pending in the Supreme Court of New South Wales. Removal is sought under s 40 of the Judiciary Act 1903 (Cth), which requires that there be a cause or part of a case arising under the Constitution or involving its interpretation.

2. The claims made by the applicant establish no basis for fragmenting the ordinary court and appellate processes. The application identifies a number of factual matters to be resolved. The applicant does not identify any question arising under, or involving the interpretation of, the Constitution which would warrant the removal of these proceedings to this Court for determination. The questions raised in the application may be dealt with by the Supreme Court of New South Wales.

3. Pursuant to r 26.06.3 and r 41.11.1, we direct the Registrar to draw up, sign and seal an order dismissing the application with costs.

G.A.A. Nettle
3 September 2015 M.M. Gordon