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Queensland Judgments
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  • Unreported Judgment

Copley v Valuer-General

 

[2020] QLC 7

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. [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. 
  1. [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.
  1. [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.
  1. [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.
  1. [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]
  1. [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

  1. [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).”

  1. [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

  1. [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

  1. [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

  1. [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.”
  1. [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.

Order:

The Court has jurisdiction to hear and determine the appeal.

Footnotes

[1]Ex 1.

[2]Acts Interpretation Act 1954 s 38.

[3]Ex 2.

[4]ISPT Pty Ltd v Valuer General [2012] QLC 48 [5].

Close

Editorial Notes

  • Published Case Name:

    Copley & Copley v Valuer-General

  • Shortened Case Name:

    Copley v Valuer-General

  • MNC:

    [2020] QLC 7

  • Court:

    QLC

  • Judge(s):

    GJ Smith

  • Date:

    06 Feb 2020

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.
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