Haber v Chief Executive, Department of Main Roads

The case of Haber v Chief Executive, Department of Main Roads was heard in the Queensland Court of Appeal. The applicant, Haber, sought compensation for land that had been resumed by the Department of Main Roads. Haber was the previous owner of the land and had obtained approval for a development project that involved the destruction of mangroves. However, this destruction was subsequently prohibited by legislation. Haber sought to determine the amount of compensation payable for the resumption of the land in the Land Court.

The primary legal issues before the court were whether the approval granted to Haber allowed for the continued destruction of mangroves and whether, even if it did, the development was still uneconomic. Haber argued that the Land Court did not give sufficient weight to the approval and the associated development plans.

The court found that the approval did not allow for the continued destruction of mangroves and that the development was uneconomic even if it had. The court held that the Land Court had given appropriate weight to the approval and had correctly assessed the compensation payable. The Court of Appeal dismissed both applications for leave to appeal and ordered that the applicant pay the respondent's costs, to be assessed on the standard basis.