The Decision
The majority judgement of Justices Brennan, Toohey and Gaudron found that native title rights, if they did exist, should really be treated as part of a broader human right to own and inherit property. They said that the effect of the Coast Islands Act was to arbitrarily deprive the Meriam people of their traditional property, by denying their native title rights. As such, their right to own and inherit property was limited. By this reasoning, the demurrer was allowed and the Queensland Government was not allowed to rely on the Coast Islands Act.
Read more about this topic: Mabo V Queensland (No 1)
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