JUDGMENT

Ravinthran Paramaguru JCA:

[1] This is an appeal against the decision of the learned Judicial Commissioner who declined to make any award after conducting a trial to assess damages. The appellant had claimed damages for being deprived of the use of her land between 1997 and 2014. The High Court did not grant any damages whatsoever because the appellant claimed compensatory damages in the statement of claim but later claimed for restitutionary damages in the final submissions. In other words, the appellant claimed not what she lost by being deprived of the land but for what the respondent gained during that time. The appellant was the plaintiff in the High Court whereas the respondent was the defendant.

Background Facts

[2] The background facts stated in the judgment of the High Court, which includes the facts agreed upon by the parties are as follows.

[3] The subject matter of the dispute revolves around the possession of a parcel of land held under Native Title No 113039115. The appellant became the registered owner of the land on 11 June 1998 after having purchased it. The respondent company was in possession of the land at the material time. By letter dated 23 February 2012,