Framwelgate Investments Limited v Chief Executive, Department of Natural Resources and Mines

The Land Court in Brisbane was tasked with determining whether it had jurisdiction to hear an appeal against an annual valuation made under the Valuation of Land Act 1944. The appellant, Framwelgate Investments Limited, sought to appeal the valuation of its retail property located at 89 Surf Parade, Broadbeach. The Chief Executive, Department of Natural Resources and Mines, was the respondent in this matter. The primary legal issue before the Court was whether the appellant's late filing of the notice of appeal could be excused under the amended provisions of section 57(1) of the Act, which allows for consideration of a "reasonable excuse" for late filing.

The Court began by confirming the statutory period within which the notice of appeal must be filed, which is 42 days from the date of issue of the notice to the owner. Given the date of issue on 27 June 2000, the deadline for filing the notice of appeal was 8 August 2000. The appellant's notice of appeal was received by the Land Court on 11 August 2000, making it late. The Court then considered whether the amended section 57(1) of the Act could be applied retrospectively to provide a "reasonable excuse" for the late filing. The Court acknowledged the arguments from both parties but ultimately decided that the amendment to section 57(1), which allows for a "reasonable excuse," could be applied prospectively to the current matter. The Court found that the delays in filing were due to multiple factors, including delays in the offices of the appellant's agents and the appellant itself, and did not constitute a "reasonable excuse" as required by the statute.

Consequently, the Court concluded that the notice of appeal was indeed late and that the reasons provided did not satisfy the requirement of being a "reasonable excuse." The Court dismissed the appeal for lack of jurisdiction.