Franklin v Valuer-General

In the case of Franklin v Valuer-General, the dispute arose from a statutory valuation conducted under the Property Law Act 1974 (Qld). The appellant, Franklin, challenged the valuation of his property, particularly the unimproved value, arguing that the assessment did not appropriately reflect the market conditions and potential improvements on the land. The case was heard in the Supreme Court of Queensland.

The court was tasked with determining whether the Valuer-General's statutory valuation correctly applied the statutory presumption of correctness and whether the onus of proof lay with the appellant to rebut this presumption. The court also needed to assess the method used by the Valuer-General in arriving at the valuation and whether it was consistent with the statutory requirements.

The court held that the statutory presumption of correctness applied to the Valuer-General's valuation, placing the onus on Franklin to demonstrate that the valuation was incorrect. The court found that the Valuer-General's methodology and the resulting valuation were consistent with the statutory requirements. The court noted that the appellant failed to provide sufficient evidence to rebut the presumption of correctness. Therefore, the appeal was dismissed, affirming the valuation provided by the Valuer-General.