Cost Pty Ltd v Valuer-General; Denbeach Pty Ltd v Valuer-General; Allen v Valuer-General

In the case of Cost Pty Ltd v Valuer-General; Denbeach Pty Ltd v Valuer-General; Allen v Valuer-General, the appellants challenged the valuations issued by the Valuer-General for their respective properties in Queensland. The primary dispute centred around the valuation of the land and the subsequent objections and appeals lodged by the appellants. The matter was heard in the Queensland Court of Appeal, where the appellants sought to have the valuations reviewed and potentially reduced.

The central legal issue before the Court was whether the evidence provided by the appellants' expert, who had acted as an agent in lodging initial notices of objection and notices of appeal, could be accepted by the Court. The expert had previously written comprehensive submissions on behalf of the appellants, raising concerns about whether the expert had acted as an advocate rather than an impartial expert. Furthermore, the Court had to determine if the expert's evidence complied with the established requirements and guidelines for expert evidence in such cases.

In delivering the judgment, the Court found that the expert's involvement in the lodging of objections and appeals, coupled with the preparation of comprehensive submissions, indicated that the expert had acted as an advocate rather than an impartial expert. The Court held that the expert's evidence did not meet the necessary standards and could not be accepted. Consequently, the Court dismissed the appeals, affirming the valuations issued by the Valuer-General. The Court also stipulated that any application for costs must be filed and served within 14 days of the publication of the reasons for judgment.