Arnell & Ors v The Valuer-General [1991] QLC 125

[ Re: Jurisdiction matter Shire of Calliope. AV91-338 Ailsa P. Arnell & Ors v. The Valuer-General (Hearing at Biloela} DECISION LAND COURT, BRISBANE. 3rd October, 1991. Subsequent to the Valuer-General disallowing an objection against a valuation of land in the Shire of Calliope, Mrs A.P. Arnell, by letter dated 10th May, 1991, addressed to the Valuer-General, advised as follows: "I wish to appeal to the Land Court regards valuation as above as per notice 29/4/91." This letter was forwarded to the Land Court and on its receipt, the Registrar issued a Notice of Requisition dated 22nd May, 1991, providing the particulars of non-compliance with Section 161(3) of the Valuation of Land Act 1944 (as amended) or of other material defect as follows: 1. Appellant's definite estimate of the unimproved value of the land must be stated. 2. The grounds of appeal must be stated. The notice which was issued in terms of Section 21(3B)(a) of the Act contained the following advice: This form duly completed or advice to the like effect should be returned to reach the undermentioned within 21 days of date of issue. Failure· to satisfactorily comply with this requisition or to return it within the prescribed period may result in your Notice of Appeal against the Valuer-General's determination being declared invalid. " [1991] QLC 125 -- 1 of 2 -- 2 The Notice of Requisition was answered but not returned within the prescribed perio·d of 21 days. Section 21(3B)(c) of the Act then provides: " If the appellant does not fully comply with the requirements of the requisition to the satisfaction of the registrar within the prescribed time, the Land Court shall not proceed to hear and determine the appeal unless it is satisfied that the notice of appeal as first filed complied in all respect with the requirements of subsection (3) and was not defective in any material particular .... " It is clear that the Notice of Appeal did not comply and the requisition was then not received within the prescribed time of 21 days. Mrs Arnell, who attended the hearing to · determine if the Court had the jurisdiction to hear the appeal, agrees that the requisition was posted after the prescribed time. I find that the Court has no jurisdiction to hear or determine the appeal which is struck out accordingly. (R.E. Wenck), Member of the Land Court. -- 2 of 2 --