Far North Queensland Ports Corporation Limited v Valuer-General

In the matter of Far North Queensland Ports Corporation Limited versus the Valuer-General, the dispute arose from a valuation objection lodged by the appellant concerning the valuation of certain land. The matter was heard in the Queensland Land Court, where the Valuer-General sought orders for further and better particulars regarding the appellant's asserted highest and best use of the subject land. The appellant had initially indicated that the details of their contended highest and best use would be provided upon the delivery of expert reports, which had not yet been submitted.

The legal issues before the court included whether the Valuer-General was entitled to obtain further and better particulars before the delivery of expert evidence, as well as whether the statements of facts and issues in valuation appeals were subject to the ordinary rules of civil procedure. The court considered the nature of pleadings in valuation appeals and the circumstances under which additional particulars could be required.

The court held that the Valuer-General's application for an order requiring the appellant to provide further and better particulars of their contended highest and best use of the subject land was refused. The court reasoned that the ordinary rules of civil procedure did not apply to statements of facts and issues in valuation appeals in the same way they would in other civil proceedings. The court determined that the appellant's contention regarding the highest and best use of the land was adequately supported by the existing material and that the Valuer-General's request for further and better particulars was premature. Additionally, the court noted that any submissions regarding costs were to be filed and served within 14 days of the publication of these reasons.