McKerracher J
In this matter, the Court considered an interlocutory application by the State of Western Australia (State) for dismissal or a permanent stay of the Yilka Native Title claim proceedings on a variety of grounds including issue estoppel, res judicata, Anshun estoppel and abuse of process.
The State's application was filed after part of the evidence had been heard in the substantive matter and its written submissions were extensive.
The Court noted that while the State’s application may ultimately succeed the prospects of dismissing the proceeding before hearing further evidence was too slim to be confident about the merits of proceeding at this stage.
The Court also noted that the arguments and evidence on the State's application would still be available at the conclusion of the trial, and all rights which the State presently had would be preserved.
Accordingly, the Court found that it was in the interests of justice to adjourn the hearing of the State’s application.
Orders
The State's interlocutory application is adjourned for hearing at the conclusion of the substantive trial.