Corbet & Ors v Department of Natural Resources and Water [2006] QLC 75

LAND COURT OF QUEENSLAND CITATION: Corbet & Ors v Department of Natural Resources and Water [2006] QLC 75 PARTIES: Mark and Peter Corbet and Ors (appellants) v. Chief Executive, Department of Natural Resources and Water (respondent) FILE NOS.: AV2006/0676; AV2006/0677; RV2006/0678; RV2006/0679; AV2006/0680 and AV2006/0681 DIVISION: Land Court of Queensland PROCEEDING: Jurisdiction – Appeals against unimproved valuations DELIVERED ON: 18 December 2006 DELIVERED AT: Brisbane HEARD AT: Kingaroy MEMBER Mr BR O'Connor, Judicial Registrar ORDER: The Court has no jurisdiction to hear these appeals. CATCHWORDS: Jurisdiction – Late filing of appeals – Whether reasonable excuse APPEARANCES: Mr P Corbett for the appellant Mr M Heather, (Acting Principal Lawyer, Legal Services, Department of Natural Resources and Water) for the respondent [1] The issue for determination in these matters is whether the Court has jurisdiction to hear the appeals lodged two days after the due date. Section 57 of the Valuation of Land Act 1944 (VLA) allows for "reasonable excuse" as a cause for such delay. -- 1 of 2 -- 2 "57 Late Filing (1) If a notice of appeal is filed in the Land Court registry after the time stated in section 55(2), the registrar of the court must notify the owner that the appeal may not be heard unless the owner satisfies the court that the owner has a reasonable excuse for filing the notice after the time stated. Example of reasonable excuse – The notice of the chief executive’s decision or the notice of appeal was lost or delayed in the ordinary course of post." The question then is whether the explanation for the late lodgement advanced by the appellants falls within the term "reasonable excuse" as interpreted by the relevant authorities, particularly those since the introduction of s.57 of the VLA as amended in 2000. [2] The authorities on the term "reasonable excuse" or similar expressions are usefully collected in the decision of the Land Court in Anthony v. Chief Executive, Department of Natural Resources, 10 November 2000. In essence, the authorities establish that the excuse must be "substantial" and "what one is looking for is some cause which a reasonable man would regard as sufficient a case, consistent with a reasonable standard of conduct, the kind of thing which one might have expected to delay the taking of action by a reasonable man". Background: [3] Mr Peter Corbett representing the landowners in these cases states in oral evidence before the Court that the reason for the late lodgement was essentially a miscalculation of time on his part. He mistakenly thought the 42 days expired on 17 August 2006 rather than on 15 August 2006. He posted the appeal form by Express Post on 15 August 2006, the form arriving in the Brisbane Land Court registry on 17 August 2006. I note that the Express Post guarantees next day delivery but this was not until the 17 August 2006 due to the Exhibition Holiday in Brisbane on Wednesday 16 August. Decision In the present circumstances there is not a sufficient basis to establish reasonable excuse in this case. Order The Court has no jurisdiction to hear these appeals. BR O'CONNOR JUDICIAL REGISTRAR -- 2 of 2 --