Moore, North and Mansfield JJ
This involved an appeal from native title determination of a single judge who dismissed the appellants' claim to native title in the determination area but found another native title claim group, the Ngarluma people and Yindjibarndi people, held non-exclusive native title. The claim was dismissed on basis that they were not a group with continuing connection and were not differentiated from Ngarluma people and Yindjibarndi people. The case also considered the transmission of native title rights and interests. It was found that the appellants' case at trial regarding an area known as "the Burrup" was based on alleged transmission of native title rights and interests from two Aboriginal persons said to be sole surviving members of group which originally inhabited the Burrup. The court also considered whether Members of the Yorta Yorta Aboriginal Community v Victoria (2003) 214 CLR 422 precluded inter-societal transfer of native title rights and interests.