CONSTITUTIONAL LAW - appeal from a single judge of the Federal Court of Australia - whether the primary judge erred in holding that State laws restricting native vegetation clearance did not effect an acquisition of property within the meaning of s 51(xxxi) of the Constitution - whether the primary judge erred in holding that the appellant's property had not been acquired by joint action of the Commonwealth and NSW State governments - whether the Commonwealth was unjustly enriched by any acquisition of the appellant's property - whether the State of NSW had trespassed on the appellant's property and was liable to him in an action on the case
PRACTICE AND PROCEDURE - application to adduce further evidence under s 27 of the Federal Court of Australia Act 1976 (Cth) in circumstances where the evidence was not adduced below - whether the respondents would suffer prejudice if the new material was admitted into evidence
Held: appeal dismissed - application to adduce further evidence dismissed
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