Alma Investments Pty Ltd v Chief Executive, Department of Natural Resources and Mines

Alma Investments Pty Ltd sought to appeal the valuations of several parcels of land located in Dakabin, Queensland. The appellant, represented by Eric Gordon Oxenford, Director, challenged the valuations determined by the respondent, Chief Executive of the Department of Natural Resources and Mines, as represented by Gavin John Dunn, a departmental registered valuer. The dispute primarily centred on the unimproved values of the shopping centre (Lot 502), the child care centre (Lot 504), and the bulk discount applied for multiple lots. The valuation date was 1 October 1998, and the matters were heard in conjunction with three other related cases.

The primary legal issues involved determining the appropriate unimproved values for the shopping centre, the child care centre, and the residential lots, as well as the appropriate bulk discount for the unsold lots. The court had to consider the evidence presented by both parties, including the sales data, market trends, and the policy on bulk discounts applied by the respondent.

The court considered the evidence and the arguments presented by both parties. While the appellant argued for a higher discount based on the slow sales of the lots, the respondent maintained that the discount applied was appropriate based on departmental policy and market evidence. The court found that there was no direct market evidence to support the appellant's claim for a greater discount, and thus, the court accepted the respondent's figures for the bulk discount. The court recalculated the values accordingly, determining the unimproved values for the parcels of land in question.

The court concluded that the appellant had partly proved their case. The valuations determined by the Chief Executive were set aside, and the unimproved values were determined to be $395,000 for V00-372, $400,000 for V01-91, $2,400,000 for V00-681, and $2,295,000 for V00-682.