Pajares v State of Queensland

In the case of Pajares v State of Queensland, the claimant sought compensation for interim conservation orders issued under the Nature Conservation Act 1992. The dispute arose from the impact these orders had on the claimant's development program. The Supreme Court of Queensland was tasked with determining the appropriate level of compensation and whether the claimant's application to extend the time for making claims for compensation should be granted.

The court was required to address two primary legal issues: the quantum of compensation for the interim conservation orders and the validity of the claimant's application to extend the time for making compensation claims. In assessing the compensation, the court considered the extent of the loss suffered by the claimant as a direct result of the orders and the impact on the claimant's development program. Regarding the extension of time, the court examined whether the circumstances presented by the claimant were exceptional enough to warrant an extension beyond the statutory deadline.

The court determined that the claimant was entitled to compensation of Twenty Thousand Dollars ($20,000) for the interim conservation orders made on 9 November 1998 and 9 April 1999. The court found that the claimant had suffered a quantifiable loss due to these orders, justifying the compensation amount. However, the application to extend the time for making claims for compensation in respect of the interim conservation orders dated 17 December 1997 and 3 September 1999 was refused. The court concluded that the special circumstances alleged by the claimant did not sufficiently warrant an extension of the statutory time limit for making such claims.