Century Developments (Qld) Pty Ltd v Ex parte Ballard

Century Developments (Qld) Pty Ltd sought to challenge a determination made by a valuer under section 28 of the Retail Shop Leases Act 1994 (Qld) in the Queensland Civil and Administrative Tribunal. The applicant landlord aimed to avoid the valuer’s determination of the market rental for the premises leased by Ballard, the tenant. Both parties had submitted their respective arguments and evidence to the valuer, who subsequently issued a determination of the market rental. The central issue before the tribunal was whether there existed a tripartite agreement that obligated both parties to share their submissions with each other.

The tribunal carefully examined the submissions made by both parties and the circumstances surrounding the valuer's determination. It considered whether such a tripartite agreement was necessary and if its absence rendered the valuer's determination void or voidable. The tribunal found that the absence of a tripartite agreement did not invalidate the valuer's determination. It concluded that the valuer's decision was based on the evidence and submissions provided by each party, and the process followed was fair and reasonable. The tribunal was satisfied that the valuer had acted within their authority and had made a determination in accordance with the law.

Consequently, the tribunal dismissed the applicant's application to avoid the valuer's determination of the market rental. The tribunal further ordered that the applicant pay the respondent's costs of and incidental to the application on the standard basis. This decision underscores the importance of the process followed by the valuer in making a determination of market rental, and it reinforces the principle that procedural fairness is a crucial aspect of such determinations.