Ralkon Agriculture Co. Pty Ltd v Aboriginal Development Commission - [1986] FCA 541

C A T C H W O R D S

PRACTICE AND PROCEDURE - interlocutory injunction - application

for review under Administrative Decision (Judicial Review)

Act

1977 - s.13 reasons not yet supplied - whether injunction should

be granted until expiry

of limited time after receipt of reasons.

Administrative Decision (Judicial Review)

Act 1977 s.13

Aboriqinal Development Commission Act 1980 ss.8, 12, 27, 28, & 29

Federal Court Rules Order 54 r 4.

RALKON AGRICULTURAC COMPANY F". LIMITED

Applicant

- and -

ABORIGINAL DEVELOPMENT COMMISSION

Respondent

FISHER J.

ADELAIDE

19 NOVEMBER

1986.

IN THE FEDERAL COURT OF AUSTRALIA )

)

SOUTH AUSTRALIA DISTRICT REGISTRY	)	No. G75 of 1986
)

DIVISION

GENERAL

B E T W E E N :

RALKON

AGRICULTURAL

COMPANY

PTY. LIMITED

Applicant

- and -

ABORIGINAL DEVELOPMENT

COMMISSION

Respondent

MINUTE OF ORDER

JUDGE MAKING	ORDER	FISHER J.
WHE!RE MADE	ADELAIDE
DATE OF ORDER	12 NOVEMBER 1986

THE COURT ORDERS

THAT, upon the applicant giving

the usual

undertaking as to damages

The

respondent

restrained

from

accepting

any

tender

for the purchase of Bartlett's Farm

or from entering

into an

enforceable obligation with any prospective

purchaser for

period which expires 14 days after

service upon the applicant's solicitors of its reasons order.

for decision pursuant to s.13 of the Administrative

There be liberty to either party to apply on

hours

notice to	the other party to vary	or discharge this
order.

The

respondent

granted

leave

appeal

from

this

order and that

the time for service of any notice of

appeal run from this day.

4. Costs of this notice of motion be reserved.

THE COURT FURTHER DIRECTS THAT:

The applicant supply

further and better particulars

the grounds of

its application for a review within 10

days of the receipt by it of reasons pursuant to s.13.

Note: Settlement and entry of orders is dealt with in Order 36 of

the Federal Court Rules.

IN "HE FEDERAL COURT OF AUSTRALIA	)
)

SOUTH AUSTRALIA DISTRICT REGISTRY	) No.G75 of 1986
)
GENERAL DIVISION	)
B E T W E E N :
RALKON AGRICULTURAL COMPANY PTY. LIMITED

Applicant

- and -

ABORIGINAL DEVELOPMENT

COMMISSION

Respondent

REASONS FOR JUDGMENT

W: Fisher J.

19 November 1986

This application for

an interlocutory injunction is a

further chapter in the never ending and bitter litlgation between

the parties. I need only refer to the decision	of Keely	J.
reported (1982) 43 A.L.R.535, my decision reported (1984) 1

F.C.R. 211 and the declsion

of the Full Court

of this Court

reported (1984) 57 A.L.R.

143.

There has also

been

much

peripheral litlgatlon in thls Court and also in the Supreme

Court. On 12

November 1986 I made certaln orders and undertook

subsequently to glve my reasons.

this

occasion

Ralkon

Agricultural

Company

Pty.

Limited ("Ralkon") made

application

pursuant

3.5

of the

2 .

Administrative

Decisions

(Judicial

Review)

Act

1977

("the

A.D.J.R. Act") for an order of review

of a decision of the

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.

Continue reading Ralkon Agriculture Co. Pty Ltd v Aboriginal Development Comm...

Details

AGLC: Ralkon Agriculture Co. Pty Ltd v Aboriginal Development Commission [1986] FCA 541
Case: [1986] FCA 541
Decision Date: 19 Nov 1986

CaseChat Overview and Summary

Ralkon Agricultural Company Pty Limited, an Aboriginal body occupying Bartlett's Farm, sought an interlocutory injunction to prevent the Aboriginal Development Commission from selling the farm. The dispute arose out of a long-standing litigation history between the parties. The legal issues for the Court to decide were whether the Commission had made a decision to sell the farm and whether Ralkon was a person aggrieved by such a decision. The Court found that it was appropriate to preserve the status quo until the Commission supplied its reasons for the decision and Ralkon had defined with greater particularity its grounds for a review. The Court also found that a serious question was likely to be raised on the merits and that the balance of convenience favoured granting the injunction. The Court ordered the Commission to be restrained from accepting any tender for the purchase of Bartlett's Farm or from entering into an enforceable obligation with any prospective purchaser for a period of 14 days after service upon Ralkon's solicitors of its reasons for decision. The Court granted leave to the Commission to appeal against the order, and reserved the question of costs.

Orders