The Court held that where a representative body's decision under s 203BB of the Native Title Act to refuse assistance has been affirmed on external merits review under ss 203FB and 203FBA, the original decision has no independent continuing legal operation, and judicial review of the original decision has no reasonable prospect of success. Applying [name withheld], any defect in the original decision (including alleged conflict of interest) cannot bear on the applicant's legal position once the external review decision — which involves a de novo consideration of the merits — has been made. The Court also set aside a notice to produce and refused leave to issue a subpoena where the documents sought were not shown to be relevant and where NTSG had already deposed that it did not hold the key document sought.
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