ISPT Pty Ltd v Valuer-General (No 2)

The appellant, ISPT Pty Ltd, brought an application against the Valuer-General to set aside a subpoena issued for the attendance of a witness, Mr Cross, to give evidence in a matter before the Land Court. The application was dismissed, and the appellant sought leave to appeal to the Supreme Court. The central issue before the court was whether the evidence of Mr Cross, a property valuer, was relevant and admissible under the relevant rules and whether the application to set aside the subpoena should be successful.

The court addressed the admissibility of the evidence by examining whether it was relevant to the matters in issue and whether it complied with the procedural requirements of the Land Court Rules 2000. The court held that Mr Cross's evidence was relevant as it pertained directly to the valuation of the land in question, which was integral to the dispute. The court also determined that the subpoena was validly issued and that the appellant had not demonstrated any grounds for setting it aside. The appellant's argument that the evidence was not necessary due to other available evidence was rejected as the court found that Mr Cross's expertise was crucial to properly understanding the valuation issues.

The court allowed the subpoena and dismissed the application to set it aside. The appellant was ordered to bear the costs associated with Mr Cross's attendance and any necessary adjournments. The court reserved the decision on the assessment of costs, indicating that they would be determined at a later stage based on the standard basis of assessment. This ruling reinforces the importance of adhering to procedural requirements and the relevance of expert evidence in land valuation disputes.