Aboriginals – Land rights - Whether land "claimable Crown land" under s 36(1) of Aboriginal Land Rights Act 1983 (NSW) ("Land Rights Act") - Whether land "lawfully used or occupied" under s 36(1)(b) of Land Rights Act - Whether steps taken preparatory to intended sale of land constituted lawful use and occupation of land.
Statutes – Construction - Meaning of "lawfully used or occupied" - Whether "lawfully used or occupied" is compound expression with single meaning - Whether "used" and "occupied" to be considered separately - Meaning of "use" - Meaning of "occupied".
Statutes – Construction - Meaning of "lawfully used or occupied" - Whether Land Rights Act to be interpreted beneficially and remedially - Whether reliance on beneficial and remedial purpose of Land Rights Act necessary and useful to resolve contested question of interpretation of Land Rights Act.
Words and phrases – "claimable Crown lands", "lawfully used or occupied", "use", "occupied".
Aboriginal Land Rights Act 1983 (NSW) – s 36(1)(b).
Judgment date
Case number
S217/2008
Before
Kirby, Hayne, Heydon, Crennan, Kiefel JJ
Catchwords