Kennedy v Chief Executive, Department of Natural Resources

Blanche E and Duncan A Kennedy, acting as the trustee of Blanche E Kennedy's estate, brought an appeal against the annual valuation of four properties located in Townsville. The appeal was struck out for want of prosecution as the appellants did not appear or provide evidence. The Chief Executive of the Department of Natural Resources then applied for costs, which were heard on 16 July 1998. The appellants argued that they had acted reasonably in pursuing their appeals, while the respondent claimed that the appellants had placed a heavy burden on its resources, with all previous appeals being rejected by the court.

The court considered the history of appeals, the communications between the valuers, and the nature of the current appeals. It found that while the appellants' persistent claims were sincerely held, their failure to substantiate their claims with evidence and cross-examination had contributed to the unnecessary costs incurred. The court also found that the respondent's decision to continue with the valuation statements, despite verbal advice from the appellants' valuer, may have been imprudent.

The court exercised its discretion under the Valuation of Land Act, taking into account the principles outlined in Moyses and Morris and Ors v. The Council of the City of Townsville (1979) 6 QLCR 271. It determined that both parties contributed to the total amount of the costs claimed. The court allowed 50% of the valuers' costs, amounting to $500, and made no allowance for the legal costs incurred.

The court ordered that the appellants pay $500 to the respondent in costs associated with defending the valuation. This decision highlights the importance of clear communication and the need for all parties to present their cases fully and fairly in court. It also serves as a reminder that repeated appeals without evidence may result in costs being awarded against the appellants.