Catchwords:

NATIVE TITLE – application for leave to appeal against interlocutory judgment rejecting an application to strike out the State’s Response to the Statement of Facts and Matters which the Applicants sought to have admitted – whether the judgment attended by sufficient doubt to warrant the attention of the Full Court – whether, assuming the judgment to be wrong, the Applicants would suffer substantial injustice by a refusal of leave – application for leave to appeal dismissed by the majority – minority would grant leave but dismiss the appeal.