Greenwood J
This matter concerned an interlocutory application for orders removing Mr Thomas Jawai and Ms Adeline Koroba as respondents. The decision should be read in conjunction with the reasons in Woosup on behalf of the Northern Cape York Group #1 v State of Queensland [2014] FCA 910 (Northern Cape York Group #1)
The Court concluded that the respondents did not have an interest that could be affected by a native title determination and referred to paragraphs [37] to [107] of Northern Cape York Group #1 and [99] to [104] in particular and a Bamaga Deed of Grant in Trust (DOGIT).
Greenwood J found that the two respondents’ interests were entirely protected by the DOGIT and it was appropriate to remove Mr Jawai and Ms Koroba from the proceeding because although they now have no interest that can be affected by the proposed consent determination they continued to agitate their claims and this is not in the interests of justice as the parties who have an interest have expended considerable resources to reach this point.