Copley & Copley v Valuer-General
[2020] QLC 7
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- Unreported Judgment
LAND COURT OF QUEENSLAND
CITATION: | Copley & Anor v Valuer-General [2020] QLC 7 |
PARTIES: | Denise Copley (appellant)
Gregory Copley (appellant) |
| v |
| Valuer-General (respondent) |
FILE NO: | LVA675-19 |
DIVISION: | General Division |
PROCEEDING: | Appeal against objection decision on a valuation under the Land Valuation Act 2010 |
DELIVERED ON: | Orders delivered 5 November 2019 Reasons delivered 6 February 2020 |
DELIVERED AT: | Brisbane |
HEARD ON: | On the papers |
HEARD AT: | Heard on the papers |
JUDICIAL REGISTRAR: | GJ Smith |
ORDER: | The Court has jurisdiction to hear and determine the appeal. |
CATCHWORDS: | PRACTICE AND PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY COURTS – COMMENCING PROCEEDINGS – TIME FOR SERVICE OF ORIGINATING PROCESS OR RENEWAL – where the appellant failed to appeal to the Land Court in time –where the Notice of Appeal was lost or delayed in the post– whether there was a reasonable excuse for the failure to lodge the appeal in time – where the Court found there was a reasonable excuse, and that it therefore had jurisdiction to hear the appeal Land Valuation Act 2010, s 155, s 157, s 158 ISPT Pty Ltd v Valuer General [2012] QLC 48, cited |
APPEARANCES: | Not applicable |
- [1]In this matter, the Court must determine if it has jurisdiction pursuant to s 157 of the Land Valuation Act 2010 (the LVA) to hear and determine an appeal against an annual valuation as at 1 October 2018 of land located at North Maclean within the Logan City Council local government area.
- [2]The respondent issued an objection decision notice in respect of the subject property 3 July 2019. A Notice of Appeal[1] in respect of this decision was filed in the Land Court registry on Tuesday 3 September 2019, 1 day after the expiry of the appeal period.[2] Accordingly, the Court will only have jurisdiction to hear and determine the appeal if a “reasonable excuse”— as required by s 158 of the LVA — is established.
- [3]On 10 September 2019, a Deputy Registrar wrote to the applicants to advise that the Court could not hear the proposed appeal unless a reasonable excuse was established for not filing the Notice of Appeal within the appeal period.
- [4]By email correspondence dated 3 October 2019,[3] Mr Gregory Copley provided tracking information from Australia Post which indicates that the Notice of Appeal would ordinarily have been received in the Land Court registry on Monday 2 September 2019.
- [5]On 25 October 2019, the registry received email correspondence from In- House Legal, Department of Natural Resources, Mines and Energy indicating that the Department did not oppose the Court finding that jurisdiction was established. Notwithstanding this advice, the existence of a reasonable excuse must still be established on the balance of probabilities in respect of the failure to lodge the Notice of Appeal within the prescribed period.[4]
- [6]On 5 November 2019, after considering the evidence, I determined the issue of jurisdiction without formal reasons in order to allow a Preliminary Conference to be scheduled immediately. These reasons concern this initial finding and order in respect of jurisdiction.
Legislation
- [7]Section 157 (2) of the LVA provides:
“(2) Subject to section 158, an appeal cannot be started after 60 days after the day of issue stated in the objection decision notice (the appeal period).”
- [8]Section 158 of the LVA provides:
“158 - Late filing
(1) This section applies if a valuation appeal notice is filed after
the appeal period has ended.
(2) The Land Court can hear the appeal only if—
(a) the valuation appeal notice was filed 1 year or less after
the objection decision notice was issued; and
(b) the appellant satisfies the court there was a reasonable
excuse for not filing the notice within the appeal period.
Example of reasonable excuse—
The notice of the valuer-general’s decision or the valuation appeal notice was lost or delayed in the ordinary course of post.”
Evidence
- [9]The main evidence provided to the Court by the applicants comprises the email correspondence referred to in paragraph [4] and admitted as Exhibit 2. No evidence was called by or on behalf of the respondent.
Submissions
- [10]Neither party made any formal submissions to the Court, although a legal representative on behalf of the respondent advised that a finding of jurisdiction was not opposed.
Conclusion
- [11]An example of reasonable excuse set out in 158 of the LVA provides: “The notice of the Valuer-General’s decision or the valuation appeal notice was lost or delayed in the ordinary course of post.”
- [12]On the basis of the information provided by Mr Copley in Exhibit 2, I am satisfied that the proposed Notice of Appeal was delayed in the ordinary course of post and am therefore satisfied that reasonable excuse is established in the circumstances.