Desbois v Chief Executive, Department of Transport and Main Roads (No 3)

Desbois v Chief Executive, Department of Transport and Main Roads (No 3) was an appeal against the determination of compensation payable to Mr Desbois for land resumed by the Department of Transport and Main Roads for road improvements. The dispute was heard by the Queensland Court of Appeal. The primary issue before the court was whether the compensation awarded to Mr Desbois was just and reasonable under the provisions of the Acquisition of Land Act 1967. Specifically, the court needed to determine the loss in land value, the interest on that loss, and the amount of disturbance compensation.

The court considered the evidence and submissions presented by both parties. The Court of Appeal found that the assessment of compensation by the Land Court was deficient in certain respects, particularly in relation to the loss in land value and the method of calculating interest. The Court of Appeal concluded that the matter should be remitted to the Land Court for reconsideration in light of the Court's reasons. The Court of Appeal held that the Land Court should have given greater weight to the evidence of loss in land value presented by Mr Desbois and should have applied the correct statutory interest rate. The Court also found that the Land Court had not adequately considered the issue of disturbance compensation.

The court remitted the matter to the Land Court for a new determination of compensation. The court outlined specific directions for the Land Court, including the reassessment of the loss in land value and the calculation of interest and disturbance compensation. The court also noted that the Land Court should take into account the evidence and arguments presented by both parties in the remitted hearing. The Court of Appeal did not make a final determination of compensation but instead left it to the Land Court to reassess the matter in accordance with the Court's directions.