Lamington Markets Pty Ltd as Tte v Valuer-General (No 2)

Case

[2023] QLC 2

16 January 2023


Details
AGLC Case Decision Date
Lamington Markets Pty Ltd as Tte v Valuer-General (No 2) [2023] QLC 2 [2023] QLC 2 16 January 2023

CaseChat Overview and Summary

The appellant, Lamington Markets Pty Ltd, appealed against the valuation of two lots of land by the Valuer-General. The appellant argued that the two lots were leased to the same person and should therefore be valued together under section 57 of the Land Valuation Act 2010. The primary issue before the court was whether the appellant's failure to raise the section 57 issue in the notice of appeal precluded them from arguing it on appeal.

The court considered whether the appellant's failure to raise the section 57 issue in the notice of appeal constituted a valid objection. The court noted that the appellant had raised the issue in their written submission, but not in the notice of appeal itself. The court held that the appellant's failure to raise the issue in the notice of appeal meant that they had not properly preserved the issue for appeal. The court found that the appellant's failure to raise the section 57 issue in the notice of appeal meant that they were precluded from arguing it on appeal.

The court dismissed the appeal, holding that the appellant's failure to raise the section 57 issue in the notice of appeal meant that they were precluded from arguing it on appeal. The court found that the Valuer-General had correctly valued the two lots separately, and that there were no grounds for the appeal to succeed.

The court did not make any orders regarding the valuation of the two lots, as the appeal was dismissed. The Valuer-General's valuation of the two lots remained intact.
Details

Areas of Law

  • Property Law

Legal Concepts

  • Valuation of Land

  • Objections and Appeals

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

Jones v Dunkel [1959] HCA 8