Ross Cook and Brett Cook Pty Ltd v Australian Sugarcane Feeds Pty Ltd

Ross Cook and Brett Cook Pty Ltd brought an application against Australian Sugarcane Feeds Pty Ltd in the Supreme Court of Queensland. The dispute revolves around a lease agreement for property in Mackay, which includes a clause that allows for the rent to be reviewed by an independent valuer. The applicants sought declarations to ascertain the scope and extent of the valuer's exercise under the lease. Specifically, they sought clarification on whether the valuer should consider the potential impact of a proposed change in zoning from industrial to residential on the property's rental value.

The primary legal issue before the court was whether it should intervene at a preliminary stage to determine the scope of the valuer's exercise. The applicants argued that such an intervention was necessary to clarify their rights and obligations under the lease. In contrast, the respondents contended that the matter should be left to the valuer to decide, and that the court should not intervene until after the valuer had made their determination.

The court held that it should not intervene at a preliminary stage to determine the scope of the valuer's exercise. The court emphasised that the parties had agreed to have the rent determined by an independent valuer and that it was for the valuer, not the court, to determine the scope of their exercise. The court noted that to intervene at this stage would be to usurp the role of the valuer and interfere with the parties' agreement. The court found that the applicants had not demonstrated any compelling reason why the court should intervene before the valuer had made their determination. Consequently, the application was refused with costs to be assessed on the standard basis.