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La Perouse Local Aboriginal Land Council ABN 89136607167 & Anor v. Quarry Street Pty Ltd ACN 616184117 & Anor

Case No. S121/2024
Case information

Lower Court Judgment

10/05/2024 Supreme Court of New South Wales (Court of Appeal) (White, Adamson, Stern JJA)

[2024] NSWCA 107

Catchwords

Land law – indigenous land rights – Aboriginal Land Rights Act 1983 (NSW), s 36 – claimable Crown land – where second respondent Minister proved in part an Aboriginal land claim in relation to Crown Land in Paddington – where first respondent lessee of site described as “Paddington Bowling Club” but site fallen into disuse other than “oral sublease” over small portion of land – where land subject to reservation of Crown land under s 87 Crown Lands Act 1989 (NSW) for use as community and sporting club facilities and tourist facilities and services – where first respondent unsuccessfully sought judicial review of Minister’s decision to approve claim – where Court of Appeal allowed appeal – where Court of Appeal found land being “used” for purposes of s 36(1) of Aboriginal Land Rights Act such that land was not “claimable Crown land” – whether Court of Appeal erred in finding Minister required to find land was “claimable Crown land” – whether concept of “use” in s 36(1)(b) requires examination of activities on claimed land as opposed to away from or in relation to claimed land – whether definition of “land” in s 4(1) has result that “use” of “any estate or interest” in respect of land either individually or cumulatively will satisfy s 36(1)(b) – whether leasing of land by Crown a “use” within s 36()(b).

Documents

05/09/2024 Determination (SLA, Canberra)

19/09/2024 Notice of appeal

24/10/2024 Written submissions (Appellants)

24/10/2024 Chronology (Appellants)

21/11/2024 Written submissions (First Respondent)

02/12/2024 Written submissions (Second Respondent)

06/12/2024 Reply (First Respondent)

12/12/2024 Reply (Appellants)

13/03/2025 Hearing (Full Court, Canberra) (Audio-visual Recording)

13/03/2025 Outline of oral argument (Appellants)

13/03/2025 Outline of oral argument (First Respondent)

13/03/2025 Outline of oral argument (Second Respondent)

03/09/2025 Judgment (Judgment summary)