Barney Point Industries Pty Ltd and Currumbin Minerals (Neumanns') v Chief Executive, Department of Natural Resources

The appeal in Barney Point Industries Pty Ltd and Currumbin Minerals (Neumanns’) v Chief Executive, Department of Natural Resources, heard at the Land Court in Brisbane, concerns the valuation of a parcel of land located at Stewart Road, Currumbin Waters. The key issues revolve around the nature of the land, the access to the land, the comparison of sales, and the relativity of the land's value. The Chief Executive had previously valued the land at $370,000, a figure contested by the appellants who claimed the correct unimproved value should be $320,000. The court had to decide on the appropriate valuation method, considering the nature of the land, its access, and the comparability of recent sales in the area.

In determining the valuation, the court focused on the nature of the land, noting that it required filling to reach the required building level, and that the easement over the neighbouring land did not contribute to its value. Regarding access, the court concluded that the current vehicular access satisfied the zoning requirements and did not need upgrading for the purposes of this valuation. The court examined the sales presented by both parties, highlighting discrepancies in the interpretation of the sales data, particularly regarding the fill on one of the comparable sales and the allowance for interest on filling costs. The court also considered the relativity of the land's value, finding that the percentage increase in the locality's industrial land values supported the Chief Executive's valuation.

Ultimately, the court found that while there were inconsistencies in the valuers' methods, the final valuation depended on the unimproved rates per square metre for the subject land. After considering the evidence and adjusting for the differences in the valuers' analyses, the court determined that the unimproved value of the subject land should be $355,000. The court set aside the Chief Executive's valuation and established the unimproved value of the land at $355,000.