FEDERAL COURT OF AUSTRALIA
Mitakoodi and Mayi People #1 v State of Queensland [2009] FCA 1528
PEARL JOYCE CONNELLY ON BEHALF OF THE MITAKOODI AND MAYI PEOPLE #1 v STATE OF QUEENSLAND AND OTHERS
QUD 6106 of 1998
DOWSETT J
8 DECEMBER 2009
MT ISA
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
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general division |
QUD 6106 of 1998 |
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PEARL JOYCE CONNELLY ON BEHALF OF THE MITAKOODI AND MAYI PEOPLE #1 Applicant
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AND: |
STATE OF QUEENSLAND AND OTHERS Respondent
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JUDGE: |
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DATE OF ORDER: |
8 DECEMBER 2009 |
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WHERE MADE: |
THE COURT ORDERS THAT:
1. The application be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using eSearch on the Court’s website.
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
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general division |
QUD 6106 of 1998 |
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BETWEEN: |
PEARL JOYCE CONNELLY ON BEHALF OF THE MITAKOODI AND MAYI PEOPLE #1 Applicant
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AND: |
STATE OF QUEENSLAND AND OTHERS Respondent
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JUDGE: |
DOWSETT J |
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DATE: |
8 DECEMBER 2009 |
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PLACE: |
MT ISA |
REASONS FOR JUDGMENT
1 Given that there has been clear non-compliance with para 1 of the order made on 14 October 2008, and given the other matters which have been drawn to my attention, it is quite clear that there is serious dissention within the claim group. I pass no judgment upon the merits of the conflicting points of view.
2 Whilst there may have been recent difficulty in finding an anthropologist, that does not explain the fact that between 14 October 2008 and 30 November 2009 very little has been done with a view to complying with the order. In the end, it is not so much a matter of the non-compliance as it is that the applicant is not presently in a position to progress the claim.
3 It is in the interests of the applicant, the claimants and the public that the four claims be dismissed.
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I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. |
Associate:
Dated: 12 January 2010
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Solicitor for the Applicant: |
Mr B Grenacs of Isa Lawyers |
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Solicitor for the State of Queensland |
Mr R Abraham of Crown Law |
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Solicitor for Cloncurry Shire Council & McKinlay Shire Council: |
Mr O Gilkerson of Gilkerson Legal |
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Solicitor of Ergon Energy Corporation Limited |
Mr O Gilkerson as agent for MacDonnells law |
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Solicitor for the Carpentaria Shire Council: |
Mr A Kerr of Preston Law |
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Solicitor for Ernst Henry Mining Pty Ltd, Mount Isa Mines Limited and Black Rock Minerals Pty Ltd |
Mr S Cobb of Allens Arthur Robinson |
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Solicitor for Queensland South Native Title Services |
Mr C Hardie of Queensland South Native Title Services |
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Solicitor for Various Pastoralists |
Mr M Boge of Thynne & Macartney |
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Date of Hearing: |
8 December 2009 |
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Date of Judgment: |
8 December 2009 |
