Kennards Self Storage Pty Ltd v Valuer-General

LAND COURT OF QUEENSLAND

CITATION:

Kennards Self Storage Pty Ltd v Valuer-General
[2023] QLC 3

PARTIES:

Kennards Self Storage Pty Ltd
(appellant)

v

Valuer-General
(respondent)

FILE NO:

LVA131-22

PROCEEDING:

General application

DELIVERED ON:

13 March 2023

DELIVERED AT:

Brisbane

HEARD ON:

Submissions closed 20 February 2023

HEARD AT:

Heard on the papers

MEMBER:

PG Stilgoe OAM

ORDERS:

1.   The application for disclosure is dismissed.

2.   Any submissions seeking a costs order in this proceeding must be filed and served within 14 days of the publication of these reasons.

CATCHWORDS:

REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND APPEALS – QUEENSLAND – OTHER MATTERS – where an appellant seeks orders for disclosure of calculations used by Valuer-General – whether disclosure should be given before pleadings

REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND APPEALS – QUEENSLAND – OTHER MATTERS – where an appellant contends that the original valuation is relevant in appeal before Land Court – whether a valuation appeal before the land Court under the Land Valuation Act 2010 is a hearing de novo

Land Court Rules 2022 (Qld)

Land Valuation Act 2010 (Qld)

Uniform Civil Procedure Rules 1999 (Qld)

Aldrich v Boulton & anor [2000] QCA 501
FA Pidgeon & Sons Pty Ltd v Valuer-General [2018] QLC 27

Gale v Denman Picture Houses [1930] 1 KB 588

GPT Funds Management 2 Pty Ltd v Valuer-General LVA079-18, LVA080-18, LVA081-18, LVA082-18
ISPT Pty Ltd v Valuer-General [2019] QLC 31
Lyons v Kern Konstructions (Townsville) Pty Ltd (1983) 47 ALR 114

Ure v Robertson [2010] QSC 483

Valuer-General v Body Corporate for ‘Tennyson Reach’ Community Titles Scheme 39925 [2018] QLAC 7

APPEARANCES:

Not applicable

1. Kennards Self Storage Pty Ltd objected to the 2021 valuation of its property at 21 Turbo Drive Coorparoo.

1. In his objection decision, the Valuer General decided that the valuation was to remain unaltered. As is common in this jurisdiction, the Valuer General’s objection decision gave short pro forma reasons.

1. Kennards appealed the objection decision. As is also common in this jurisdiction, the grounds of appeal were pro forma, and broad brushed.

1. The parties attended a preliminary conference chaired by the Judicial Registrar. After the preliminary conference, the Valuer General provided a copy of a Form 58 Objection Decision.

1. The standard directions in land valuation appeals require parties to deliver detailed statements of facts and issues and then complete disclosure. Kennards has applied for disclosure of certain documents referred to in the Form 58 before it delivers its statement of facts and issues. Kennards’ application is very specific. It wants:

(a)        “the calc” referred to in the Objection Decision;

(b)        the “Applied (Rate)” calculation for the sales sale of 19 Proprietary Street, Tingalpa and 7 West Link Pl, Tingalpa referred to in the Objection Decision; and

(c)        the “Analysed (Rate)” and “Applied (Rate)” calculations for the sale of 1133 Ipswich Rd, Moorooka and 1117 Ipswich Rd, Yeerongpilly referred to in the Objection Decision.

1. This is my decision in relation to that application.

1. There is no right to…