Rose & Ors v New South Wales Native Title Services Ltd & Anor

The applicants, Rose and others, sought to set aside an ex parte order made by the New South Wales Land and Environment Court in relation to native title matters. The respondents were the New South Wales Native Title Services Ltd and another party. The applicants argued that the ex parte order was irregular and should be set aside on the basis that the documents before the court did not provide a sufficient basis for making the order. The case was heard in the Supreme Court of New South Wales.

The court had to decide whether the ex parte order was irregular and whether the documents before the court were sufficient to make the order. The applicants argued that the ex parte order was obtained without proper consideration of their rights and interests and that the order was made on the basis of incomplete and inaccurate information. The respondents argued that the order was made on the basis of sufficient evidence and that the applicants had not demonstrated any irregularity in the proceedings.

The court found that the ex parte order was not irregular and that the documents before the court were sufficient to make the order. The court held that the applicants had not demonstrated any irregularity in the proceedings and that the order was made on the basis of sufficient evidence. The court further held that the applicants had not demonstrated any prejudice or unfairness in the proceedings and that the order was in the best interests of all parties involved.

The application to set aside the ex parte order was dismissed. The court held that the ex parte order was valid and that the applicants had not demonstrated any grounds for setting it aside. The court further held that the respondents were entitled to rely on the ex parte order and that the applicants were not entitled to any relief in relation to the order. The applicants were ordered to pay the respondents' costs of the application.