Stuart & Ors v State of South Australia & Ors

The High Court of Australia considered a dispute between the Stuart and other Aboriginal landowners (the appellants) and the State of South Australia and other respondents concerning native title rights and interests. The core of the dispute involved the appellants' claim to native title over an area of land in South Australia, and the respondents' assertion of exclusive possession rights derived from pastoral leases granted under South Australian legislation.

The High Court was required to determine whether the grant of exclusive possession pastoral leases extinguished the native title rights and interests claimed by the appellants. Specifically, the Court had to consider the nature of the rights conferred by the pastoral leases and whether those rights were so extensive as to be inconsistent with the continued existence of native title. This involved an examination of the statutory framework governing pastoral leases in South Australia and the common law principles relating to the extinguishment of native title.

The Court reasoned that the grant of a pastoral lease conferring exclusive possession of the land necessarily extinguishes native title, as the rights of the pastoral lessee are inconsistent with the continued existence of native title rights and interests. The majority held that the statutory language and the nature of the rights granted under the pastoral leases demonstrated an intention to extinguish native title. The Court applied the established legal principle that where a grant of rights over land is inconsistent with the continued existence of native title, native title is extinguished to the extent of that inconsistency.

The High Court dismissed the appeal, upholding the decision of the Full Federal Court. The Court declared that the native title rights and interests claimed by the appellants had been extinguished by the grant of the exclusive possession pastoral leases.