The Appeal
The appeal was heard by the High Court between 11 and 13 June 1996 with Gerard Brennan, Daryl Dawson, John Toohey, Mary Gaudron, Michael McHugh, William Gummow and Michael Kirby presiding. The court reserved its decision until 23 December 1996. The Court decided in favour of the Wik people by a four/three majority. Each of the majority judges wrote separate judgments in support of their decision. The majority focused on the meaning of a “lease” as used in Australia at the time. The court focused on the purpose for which the leases were granted at that time in light of the social and economic conditions of the times. The minority judges wrote a single joint judgment. They focused on the leases as well, but concluded that the leases conferred the right to exclusive occupational of the land thereby extinguishing native title.
The majority decision became a proposition for:
- A pastoral lease does not confer rights of exclusive possession on the holder of the lease.
- The rights and obligations depend on the nature and terms of the lease.
- Where the rights of the lease are in conflict with native title rights, then the rights under the lease will prevail to the extent of any inconsistency.
- The granting of a lease does not extinguish any remaining native title rights.
Read more about this topic: Wik Peoples V Queensland
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