Mansfield J
In this matter, Mansfield J had to consider the issue of who is the correct Aboriginal holders of native title over the area of the the Mallapunyah Springs Pastoral Lease.
The claimants were the Rrumburriya Mararabarna and Wuyaliya Warrgi estate groups. The respondents were the Northern Territory government, Mallapunyah Springs Pty Ltd, Go West Cattle Co Pty Ltd, Battlin Cattle Co Pty Ltd, Ripple Resources Pty Ltd, Armour Energy Ltd, and Tamboran (Beetaloo) Pty Ltd. Mallapunyah Springs, Go West Cattle, and Battlin Cattle companies were collectively the Pastoral Lease Respondent.
The decision involved a proposed consent determination that had been sent to the parties for endorsement. All respondents other than the Pastoral Lease Respondent consented. The Pastoral Lease Respondent indicated that they were not prepared to sign the consent determination because they did not accept the description of the native title claim group was correct. They believed members of the Raggett family were more appropriately recognised as the holders of the native title rights and interests.
Directions were given for evidence directed to that question. The Pastoral Lease Respondent advised that they did not intend to participate in a hearing or adduce any evidence on the issue. Mansfield J considered the applicants' evidence about the process used to determine the native title claimant group and the anthropological evidence agreed between the parties which indicated that Ronnie Raggett, Freddie Raggett and their children are descendants of the apical ancestor Dulumbangi. The Report also included a representative biography of Ronnie Raggett Kanjirrijagana which makes reference to his father, Frederick Sony Raggett; further, all of Ronnie’s children are recorded as having been born on Mallapunyah Springs.
On that material Mansfield J was satisfied that the native title claim group described in the application did reflect the holders of native title rights and interests in the Mallapunyah Springs Area Lease area and the proposed consent determination could proceed.