Seibel (McLeod) v Department of Natural Resources and Water

In the case of Seibel (McLeod) v Department of Natural Resources and Water, the primary dispute revolved around the valuation of land for rating purposes. The appellants contested the assessment conducted by the respondent department, which they believed was inaccurately low due to the department's valuer being denied access to the property. This case was adjudicated by the Queensland Court of Appeal, which was tasked with determining whether the valuation of the land was correctly performed according to the provisions of the Valuation of Land Act 1944.

The court was required to decide whether the denial of access to the property by the valuer constituted a procedural error that materially affected the valuation and whether this error warranted an adjustment in the assessment. It also needed to consider the extent to which the presumption of correctness in the valuation could be rebutted and the weight given to the impact of the valuation on the rates. Furthermore, the court needed to examine the balance between the administrative convenience of the department and the rights of the property owners in terms of a fair and accurate valuation.

The Queensland Court of Appeal concluded that the refusal to grant the valuer access to the land did not constitute a procedural error that was material to the valuation. The court held that the presumption in favour of the correctness of the valuation under the Act was not rebutted by the appellants' evidence. The court also found that the impact of the valuation on the rates was not sufficient to override the statutory presumption of correctness. The appeal was dismissed, upholding the valuation as conducted by the department.