Australian Finnish Rest Home Association Inc v Chief Executive, Department of Natural Resources

The Australian Finnish Rest Home Association Inc appealed against the valuation of their land at 337 Cleveland-Redland Bay Road, Thornlands, as determined by the Chief Executive, Department of Natural Resources. The appellant argued that the unimproved value of the land should be $620,000, while the Chief Executive valued the land at $975,000, which was later amended to $930,000. The primary issue before the court was to determine the correct unimproved value of the subject land, considering the highest and best use, method of valuation, and comparison with similar sales. The court found that the highest and best use of the subject land was for aged care facilities, which included a 45-bed facility on Lot 22 and 23 living units on Lot 23. The court preferred the valuation method adopted by the respondent's valuer, which compared the sales on a per square metre basis, considering the special features of each site. The court concluded that the most reliable comparisons were with Sales 8 and 10, and that the subject land had a per square metre rate of less than $38. The appeal was dismissed, and the unimproved value of Lots 22 and 23 on SP109497 was affirmed at $930,000.