Masters v Chief Executive, Department of Natural Resources

The case before the Court involves an appeal against annual valuations at 1 October 1999 under the Valuation of Land Act 1944 by Peter W Masters against the Chief Executive, Department of Natural Resources. The central issue for the Court to decide was whether it had jurisdiction to hear the merits of the case given the appellant's late lodgement of the appeals. Four of the decisions on objection were issued on 27 June 2000, and the fifth on 29 June 2000. The appellant lodged his appeals on 14 August 2000, six and four days late respectively, and failed to respond to a requisition from the Registrar of the Court.

The Court examined the statutory provisions of the Valuation of Land Act 1944, finding it had no inherent jurisdiction to grant relief outside the directions of the legislation. The provisions of sections 55 to 59 were found to be mandatory, and any discretion afforded by the Court could only be exercised judicially upon the facts. The appellant's mail handling arrangements were found to be within his control and did not provide a reasonable excuse for his failure to meet the time limit for lodgment of the appeals. Additionally, the appellant's failure to respond to the requisition from the Registrar was fatal to his appeal, and the Court found no reasonable excuse for his failure to comply.

In conclusion, the Court found that the appellant had failed to meet the statutory provisions of the legislation and dismissed the six appeals, finding it had no jurisdiction to hear the matters.