Phillipes v Valuer-General

Phillipes sought to appeal the valuation of their property for the purposes of local government rates. The dispute was heard and determined in the Queensland Land Court and subsequently, the Court of Appeal. The central legal issue was whether the onus of proof lay with the appellant to demonstrate that the valuation was incorrect. A secondary issue was whether the court could consider the effect of the valuation on local government rates when determining its correctness.

The Court of Appeal found that the onus of proof lay with the appellant. They rejected the argument that evidence of a market decline post the valuation date could be considered. The Court noted that the purpose of the appeal was to determine the correctness of the valuation, not the impact it had on the appellant. The court found that the valuation was conducted in accordance with the relevant statutory provisions and that the appellant had failed to discharge the onus of proof. The appeal was dismissed.