Wise on behalf of the Kurungal People v State of Western Australia

[2014] FCA 250

FEDERAL COURT OF AUSTRALIA

Wise on behalf of the Kurungal People v State of Western Australia
[2014] FCA 250  

Citation:	Wise on behalf of the Kurungal People v State of Western Australia [2014] FCA 250
Parties:	BUTCHER WISE AND OTHERS ON BEHALF OF THE KURUNGAL PEOPLE v STATE OF WESTERN AUSTRALIA AND OTHERS
File number:	WAD 6217 of 1998
Judge:	GILMOUR J
Date of judgment:	19 February 2014
Catchwords:	NATIVE TITLE – parties - application for removal
Date of hearing:	19 February 2014
Place:	Perth
Division:	GENERAL DIVISION
Category:	Catchwords
Number of paragraphs:	1
Counsel for the Applicant:	Ms J Cole
Solicitor for the Applicant:	Kimberley Land Council Aboriginal Corporation
Counsel for the State of Western Australia:	No appearance
Solicitor for the State of Western Australia:	State Solicitor's Office
Counsel for Telstra Corporation Limited:	No appearance
Solicitor for Telstra Corporation Limited:	Herbert Smith Freehills

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 6217 of 1998

BETWEEN:	BUTCHER WISE AND OTHERSON BEHALF OF THE KURUNGAL PEOPLE Applicant
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	GILMOUR J
DATE OF ORDER:	19 FEBRUARY 2014
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.The respondent, Kimberley Oil NL (ACN 075 760 655), be removed as a party to these proceedings.

2.The respondent, Western Metals Zinc NL (ACN 063 635 076), be removed as a party to these proceedings.

3.There be no order as to costs.  

Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION	WAD 6217 of 1998

BETWEEN:	BUTCHER WISE AND OTHERS ON BEHALF OF THE KURUNGAL PEOPLE Applicant
AND:	STATE OF WESTERN AUSTRALIA AND OTHERS Respondents

JUDGE:	GILMOUR J
DATE:	19 FEBRUARY 2014
PLACE:	PERTH

REASONS FOR JUDGMENT

1. This is an application by the applicant for orders that the respondents, Kimberley Oil NL and Western Metals Zinc NL, be removed as parties to these proceedings.  The application is supported by affidavits of Simon Charles Blackshield, each affirmed on 7 and 31 January 2014 respectively.  I have read the detailed written submissions of the applicant which I accept.  I am satisfied that the orders should be made as sought in the interlocutory application.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Gilmour.

Associate:

Dated:       26 March 2014