Ningarmara and Ors v Northern Territory and Ors P63/2000

This matter concerned an application for leave to appeal to the High Court of Australia from a decision of the Supreme Court of the Northern Territory. The applicants, Ningarmara and others, sought leave to appeal against the judgment of the Full Court of the Supreme Court of the Northern Territory, which had dismissed their appeal from a decision of Martin CJ. The respondents were the Northern Territory and others.

The central legal issue before Hayne J was whether the applicants had established an arguable case of error in the decision of the Full Court of the Supreme Court of the Northern Territory, which would warrant granting leave to appeal to the High Court. Specifically, the applicants sought to challenge the Full Court's interpretation and application of the *Aboriginal Land Rights (Northern Territory) Act 1976* (Cth) and the principles of administrative law in relation to the Northern Territory Government's actions concerning Aboriginal land.

Hayne J considered the grounds of appeal advanced by the applicants, which related to the proper construction of the *Aboriginal Land Rights (Northern Territory) Act 1976* and the extent to which the Northern Territory Government's actions were amenable to judicial review. His Honour reviewed the relevant legislation and the decisions of the lower courts. After careful consideration, Hayne J concluded that the applicants had not demonstrated an arguable case of error in the decision of the Full Court of the Supreme Court of the Northern Territory.

Consequently, Hayne J refused the application for leave to appeal.