La Perouse Local Aboriginal Land Council v Quarry Street Pty Ltd

HIGH COURT OF AUSTRALIAGAGELER CJ,GORDON, EDELMAN, STEWARD AND JAGOT JJLA PEROUSE LOCAL ABORIGINAL LAND COUNCIL & ANOR  APPELLANTSANDQUARRY STREET PTY LTD & ANOR  RESPONDENTSLa Perouse Local Aboriginal Land Council v Quarry Street Pty Ltd[2025] HCA 32Date of Hearing: 13 March 2025Date of Judgment: 3 September 2025S121/2024ORDER1.Appeal allowed.2.Set aside the orders made by the Court of Appeal of the Supreme Court of New South Wales on 10 May 2024 and, in lieu thereof, order that:(a)      the appeal be dismissed; and(b)the appellant pay the second and third respondents' costs of and incidental to the appeal.3.The first respondent pay the appellants' costs of and incidental to the appeal.On appeal from the Supreme Court of New South WalesRepresentationB W Walker SC with O R Jones for the appellants (instructed by Chalk & Behrendt, Lawyers & Consultants)B K Lim with C J Beshara for the first respondent (instructed by Hall & Wilcox)Z C Heger SC with O J Ronan for the second respondent (instructed by Crown Solicitor for NSW)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSLa Perouse Local Aboriginal Land Council v Quarry Street Pty LtdAboriginal and Torres Strait Islander peoples – Land rights – Claimable Crown lands – Where land claimed under s 36(2) of Aboriginal Land Rights Act 1983 (NSW) ("Act") subject to lease granted by Crown – Where lessee had not undertaken purposeful activity on land – Where "claimable Crown lands" in s 36(1) of Act means lands...