Western Australia v Brown

HIGH COURT OF AUSTRALIAFRENCH CJ,HAYNE, KIEFEL, GAGELER AND KEANE JJSTATE OF WESTERN AUSTRALIA  APPELLANTANDALEXANDER BROWN & ORS  RESPONDENTSWestern Australia v Brown[2014] HCA 812 March 2014P49/2013ORDER1.Appeal dismissed.2.Appellant to pay the costs of the first respondents.On appeal from the Federal Court of AustraliaRepresentationG R Donaldson SC, Solicitor-General for the State of Western Australia with G J Ranson for the appellant (instructed by State Solicitor (WA))B W Walker QC with R W Blowes SC and C L Tan for the first respondents (instructed by Yamatji Marlpa Aboriginal Corporation)P D Quinlan SC with J M Bursle for the second respondents (instructed by Ashurst)IntervenerM G Hinton QC, Solicitor-General for the State of South Australia with D F O'Leary for the Attorney-General for the State of South Australia, as amicus curiae (instructed by Crown Solicitor (SA))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSWestern Australia v BrownNative title – Native title rights in relation to land – Agreement made in 1964 between State of Western Australia and joint venturers to develop iron ore deposits at Mount Goldsworthy – Mineral leases for iron ore granted pursuant to agreement – Joint venturers required under agreement to give State and third parties access to land subject of mineral leases provided such access did not unduly prejudice or interfere with joint venturers' operations – Whether mineral leases granted joint venturers right of exclusive possession – Whether joint venturers' rights under mineral leases inconsistent with claimed native title...