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[2009] FCA 1528
Federal Court of Australia
2009-12-08
Dowsett J
Original judgment source is linked above.
general division QUD 6106 of 1998
BETWEEN: PEARL JOYCE CONNELLY ON BEHALF OF THE MITAKOODI AND MAYI PEOPLE #1
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. 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 Solicitor for the Applicant: Mr B Grenacs of Isa Lawyers
Solicitor for the State of Queensland Mr R Abraham of Crown Law
Solicitor for Cloncurry Shire Council & McKinlay Shire Council: Mr O Gilkerson of Gilkerson Legal
Solicitor of Ergon Energy Corporation Limited Mr O Gilkerson as agent for MacDonnells law
Solicitor for the Carpentaria Shire Council: Mr A Kerr of Preston Law
Solicitor for Ernst Henry Mining Pty Ltd, Mount Isa Mines Limited and Black Rock Minerals Pty Ltd Mr S Cobb of Allens Arthur Robinson
Solicitor for Queensland South Native Title Services Mr C Hardie of Queensland South Native Title Services
Solicitor for Various Pastoralists Mr M Boge of Thynne & Macartney
Mitakoodi and Mayi People #1
State of Queensland
Mitakoodi and Mayi People #1 v State of Queensland [2009] FCA 1528