The main substantive issue being whether upon freehold land being reverted to the crown it was possible that native title could be revived. However the land had been reacquired by the crown in 1927 and after being put to several public uses had once again become vacant crown land. In 1996 the NT government had subdivided the land and made it available for lease. The leasing contract included an option to convert to a fee simple under certain conditions. The Larrakia people lodged a claim over an area of land including some of the leasehold arrangements.
Native title is extinguished by a grant in fee simple.
This is a statement of law that must be taken as settled. It does not admit a qualification. The court showed a distinct unwillingness to even consider the possibility of native title co-existing with freehold title in any way. Arguably there were ways this could be achieved. The plaintiffs argued that the native title rights had merely been suspended during the period of the freehold title.