Pfeffer v Department of Natural Resources and Mines

The appeal in Pfeffer v Department of Natural Resources and Mines was heard by the Queensland Court of Appeal. The case involved the appellants, Mr. and Mrs. Pfeffer, challenging the valuation of their land by the Department of Natural Resources and Mines. The Pfeffers sought a higher valuation for their property, arguing that the statutory valuation was incorrect. The court was tasked with determining whether the Pfeffers had discharged the onus of proof to rebut the presumption of correctness of the statutory valuation under section 33 of the Valuation of Land Act 1944.

The primary legal issue before the court was whether the Pfeffers had provided sufficient evidence to rebut the presumption of correctness of the statutory valuation. The court needed to consider whether the Pfeffers had discharged the onus of proof in this regard and whether the new valuation proposed by the Chief Executive was justified. The court also examined whether section 66 of the Valuation of Land Act 1944 applied to this case, which allows for the determination of the unimproved value of land where no sales evidence is provided.

The court found that the Pfeffers had not provided any sales evidence to rebut the presumption of correctness of the statutory valuation. The Chief Executive's proposed valuation was considered, but the court determined that it was not sufficiently substantiated. The court held that the Pfeffers had not discharged the onus of proof, and therefore, the presumption of correctness of the statutory valuation remained. Consequently, the appeal was dismissed, and the unimproved value of the land was determined in accordance with section 66 of the Valuation of Land Act 1944, at the amount of $125,000.