Guiseppe v Registrar of Aboriginal Corporations

The first respondent's decision to appoint the second respondent as administrator made on 18 July 2006 be set aside, with effect from midnight 17 July 2007. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

NEW SOUTH WALES DISTRICT REGISTRY NSD 2516 OF 2006

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

REASONS FOR JUDGMENT THE COURT: 1 On 15 June 2007 the Court delivered reasons for judgment allowing the appeal (Guiseppe v Registrar of Aboriginal Corporations [2007] FCAFC 91). Certain orders were made but the appeal was stood over to enable submissions to be received as to the orders for relief that ought to be made. 2 The parties have considered the situation and have agreed upon the further order that should be made. That agreement makes it unnecessary for the Court to give independent consideration to the appropriate order. The proposed order is a sensible solution to the situation. The first respondent's decision to appoint the second respondent as administrator made on 18 July 2006 will be set aside, with effect from midnight 17 July 2007. Orders 1, 2, 5 and 6 of 15 June 2007 remain in effect. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Gyles, Edmonds and Buchanan.

Counsel for the Appellant: Mr N Perram SC, Dr C Mantziaris

Solicitor for the Appellant: Edwin Davey Property and Environmental Lawyers

Counsel for the First Respondent: Mr P Applegarth SC, Mr D McLure

Solicitor for the First Respondent: Minter Ellison