Armstrong v Chief Executive, Department of Natural Resources

Roy T Armstrong and Helen M Armstrong have appealed against the annual valuation of their properties, Lots 6 and 7 on M111829, Lot 1 on RP35498, and Lot 1 on RP35529 (Parcel A) and Pt A of Lot 122 on CC3641 (Parcel B). The Chief Executive, Department of Natural Resources, had issued valuations for Parcel A at $185,000 and for Parcel B at $210,000. The appellants claim that the unimproved value should be $145,000 for Parcel A and $150,000 for Parcel B. The Land Court assessed the evidence and determined the unimproved value of Parcel A at $175,000 and Parcel B at $200,000.

The court considered various factors, such as the nature of the land, the impact of mining operations, flooding, and comparisons with other sales. The court found that while the Chief Executive's valuations were reasonable, the appellants had demonstrated that the impact of flooding, particularly due to the new bund wall, should be taken into account. The court also found that the appellants had not proved that the parcels should be treated as one valuation. Ultimately, the court determined the unimproved value of Parcel A at $175,000 and Parcel B at $200,000, setting aside the Chief Executive's valuations.