Pavey & Anor v Struber & Anor

Pavey and Anor brought proceedings against Struber and Anor in the Queensland Court of Appeal, seeking determination of compensation for the grant of mining leases over their land. The applicants were the registered proprietors of two parcels of land, each subject to a mining lease. They applied for a determination of compensation for the grant of the mining leases in accordance with the Mining Act 1992. The dispute centred on the quantum of compensation payable for the mining leases, with the applicants seeking higher compensation than that determined by the primary judge. The court was required to determine whether the primary judge erred in law in setting the compensation for the mining leases. Specifically, the court had to consider whether the primary judge was correct in determining that the applicants failed to provide sufficient evidence or submissions to support their claim for higher compensation.

The Court of Appeal held that the primary judge did not err in law in determining the compensation for the mining leases. The court found that the applicants did not provide sufficient evidence or submissions to support their claim for higher compensation. The court noted that the primary judge had considered all relevant factors in determining the compensation, including the nature and extent of the mining operations, the duration of the leases, and the loss of use of the land. The court also found that the primary judge had appropriately relied on previous court judgments in determining the compensation. The court concluded that the primary judge's determination of compensation was reasonable and just, and there was no basis to interfere with the determination. The appeal was dismissed.

In light of the above, the Court of Appeal made orders determining the compensation for the mining leases in the total sums of $237 per annum for ML 100139 and $380 per annum for ML 100136. The applicants were ordered to pay the compensation to the Public Trustee of Queensland within one month from notification of the grant of each mining lease by the Department of Natural Resources and Mines and thereafter on the anniversary of the grant of each mining lease.