Pavey & Anor v Struber & Anor

Pavey & Anor v Struber & Anor involved a dispute regarding the determination of compensation for mining leases granted in Queensland. The applicants, Pavey and another, sought the review of the compensation determinations made by the respondent, Struber, who was acting on behalf of the Department of Natural Resources, Mines and Energy. The matter was heard in the Queensland Land Court.

The central legal issue before the court was whether the compensation amounts determined by the respondent for the mining leases were appropriate, in the absence of expert or valuation evidence, and if the respondent could rely on previous court judgments to determine the compensation. The applicants argued that the compensation amounts were inadequate and sought a higher sum, while the respondent maintained that the determined amounts were fair and reasonable.

The court held that the absence of expert or valuation evidence did not preclude the determination of compensation. The court found that it could rely on previous judgments to determine the compensation, as these judgments provided a reasonable basis for assessing the value of the mining leases. The court considered factors such as the nature of the mining leases, the terms and conditions of the leases, and the prevailing market conditions in making its determinations. The court ultimately determined that the compensation amounts set by the respondent were reasonable, and dismissed the applicants' claims.

In summary, the court determined that the compensation for the mining leases ML 100170, ML 100171, and ML 100173 should be set at $11.00, $300.00, and $425.00 per annum, respectively. The respondent was ordered to pay these amounts to the Public Trustee of Queensland within one month from the notification of the issue of the mining lease by the Department of Natural Resources, Mines and Energy, and thereafter on the anniversary of the renewal of the mining lease.