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HIGH COURT DECISION ON MABO - INTERIM SUMMARY
It is convenient at this point to summarise the conclusions so far
reached in this judgment. They are that the traditional title, of
the Meriam people survived the annexation of the Islands; that the
title is capable of extinguishment by clear and plain legislation or
by an executive act authorised by such legislation; that
extinguishment would involve a breach of a fiduciary obligation owed
by the Crown to the Meriam people; but that extinguishment of that
title has not occurred. These conclusions accept what are the
primary aspects of the plaintiffs' case.
It should be noted that the plaintiffs seek no more than
recognition of a fiduciary duty or a trust; they do not ask the
Court to spell out the consequences of a breach of that duty or
trust. In particular they do not seek compensation or damages in
respect of any past interference with the rights and interests of
the Meriam people in the Islands. Whether there should be a
declaration, even on the terms sought, depends in part upon the
operation of the
Racial Discrimination Act
. I shall explain what I mean by this later. It is convenient at
this point to turn to the other form of title claimed by the
plaintiffs.
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