NATIVE TITLE - compensation for extinguishment of non-exclusive native title - economic loss - whether primary judge erred in assessing value of non-exclusive native title at 80% of freehold value - value of rights to be assessed is the value to the owner - value of rights to be assessed by reference to legal content not practical exercise - whether Spencer test should be applied - whether inalienability of native title should be a discounting factor - Held: primary judge erred in principle in assessing compensation for economic loss - economic value of non-exclusive native title rights assessed at 65% of freehold value
NATIVE TITLE - prejudgment interest payable on compensation awarded for economic loss - whether interest awarded on or part of compensation - whether compound interest available under s 51 of the NTA - whether compound interest should have been awarded - Held: compound interest available under s 51 of the NTA but primary judge made no error in refusing to award compound interest
NATIVE TITLE - compensation for extinguishment of non-exclusive native title - non-economic loss - whether award for solatium is subject to principles of fairness and moderation - whether amount awarded for solatium excessive in all the circumstances - role of intuitive judgment in the assessment of compensation or damages - Held: primary judge made no error in assessing compensation to be awarded for non-economic loss
NATIVE TITLE - form of order for compensation under s 94 of the NTA - whether s 94 requires orders specifying the form of distribution of compensation where entitlement to compensation held to be group or communal entitlement - Held: primary judge made no error in the form of the order
NATIVE TITLE - invalid future acts - where buildings built on reliance of acts later deemed invalid - whether damages payable for invalid future acts - whether award of damages justified where future act is held to be invalid and native title rights and interests remain - whether claim for damages needed to be properly constituted as a representative proceeding - Held: claim for damages lacked clearly articulated basis - primary judge erred in awarding damages for invalid future acts
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