McKenzie v Honourable Peter Slipper MP [2003] FCA 1416

FEDERAL COURT OF AUSTRALIA

MARK MCKENZIE v THE HONOURABLE PETER SLIPPER MP

S 598 OF 2003

SELWAY J

8 DECEMBER 2003

ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 598 OF 2003

BETWEEN:	MARK MCKENZIE APPLICANT
AND:	THE HONOURABLE PETER SLIPPER MP FIRST RESPONDENT THE COMMONWEALTH OF AUSTRALIA SECOND RESPONDENT
JUDGE:	SELWAY J
DATE OF ORDER:	8 DECEMBER 2003
WHERE MADE:	ADELAIDE

THE COURT ORDERS THAT:

1. The application is dismissed.

2. The applicant to pay the respondents’ costs to be taxed in the absence of agreement.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	S 598 OF 2003

BETWEEN:

MARK MCKENZIE

APPLICANT

AND:

THE HONOURABLE PETER SLIPPER MP

FIRST RESPONDENT

THE COMMONWEALTH OF AUSTRALIA

SECOND RESPONDENT

JUDGE:	SELWAY J
DATE:	8 DECEMBER 2003
PLACE:	ADELAIDE

REASONS FOR JUDGMENT

1 Mr McKenzie, on behalf of the Kuyani people, has instituted proceedings under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B of the Judiciary Act 1903 (Cth) arguing that the issue of a certificate under s 24 Lands Acquisition Act 1989 (Cth) and the subsequent acquisition of land by the Commonwealth was invalid. For the reasons given in State of South Australia v Honourable Peter Slipper MP [2003] FCA 1414, I am of the view that the proceedings must be dismissed with costs.

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

Associate:

Dated: 8 December 2003

Counsel for the Applicant:	J Basten QC with A Tokley and S Ower

Solicitor for the Applicant:	Corsers Solicitors

Counsel for the Respondent:	D Bennett QC with T Howe and P Slattery

Solicitor for the Respondent:	Australian Government Solicitor

Date of Hearing:	3, 4 November 2003

Date of Judgment:	8 December 2003

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