Stay Developments Pty Ltd v Department of Natural Resources and Water

Stay Developments Pty Ltd sought judicial review of a decision by the Department of Natural Resources and Water, concerning the valuation of a parcel of land under section 33 of the Valuation of Land Act 1944. The primary dispute was over whether the Department's reliance on statutory valuations under the Act was correct, or whether the valuation should be determined based on comparable sales evidence. The matter was heard and determined in the Federal Court of Australia.

The key legal issues addressed by the court included the presumption of correctness afforded to statutory valuations under section 33 of the Act, the onus of proof on the party challenging the valuation, and the applicability of comparable sales evidence to rebut the statutory valuation. The court had to consider whether the presumption of correctness was absolute, and if so, whether the appellant could successfully discharge the burden of proof by presenting alternative valuation evidence.

The court found that section 33 of the Valuation of Land Act 1944 does indeed create a presumption of correctness in favour of the statutory valuation. This presumption was considered to be rebuttable, but the burden of proof lay heavily on the party seeking to rebut it. The court held that the appellant had not met this burden by merely presenting evidence of comparable sales without demonstrating that such evidence was more reliable or accurate than the statutory valuation. The court upheld the presumption of correctness and dismissed the appeal.

The appeal was dismissed, and the valuation determined by the Department of Natural Resources and Water under section 33 of the Valuation of Land Act 1944 was upheld as correct.