Pareroultja & Ors v Tickner

This matter concerned an application for special leave to appeal to the High Court of Australia. The applicants, Janice Pareroultja and others, sought to appeal a unanimous decision of the Full Court of the Federal Court of Australia. The dispute involved the interpretation of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) and its interaction with native title.

The legal issues before the High Court included whether the grant of an estate in fee simple to a Land Trust under the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth) was consistent with the preservation of native title. Additionally, the Court considered a ground of appeal based on the Native Title Act 1993 (Cth), which had not been considered by the Federal Court.

The majority of the High Court, comprising Mason CJ, Deane and Gaudron JJ dissenting, concluded that special leave to appeal should not be granted on the first three grounds. This was because the proposed appeal did not have sufficient prospects of ultimate success. Regarding the ground based on the Native Title Act 1993 (Cth), the Court found it inappropriate to grant special leave on this ground alone, particularly as it had not been considered by the Federal Court and there was a pending challenge to the validity of that Act.

The application for special leave was refused with costs, with the High Court seeing no basis to depart from the ordinary rule that costs follow the event.