Bayliss v Chief Executive, Department of Natural Resources

Mark G Bayliss appealed against the valuation of a property located at Beechmont Road, Lower Beechmont, which was assessed at $5,000 by the Chief Executive, Department of Natural Resources. Bayliss argued that the valuation should be $15,000 due to the nature of the land, instability, relativity, and comparison of sales. The court examined the evidence presented by both parties, including the nature of the land, technical reports on instability, council guidelines, relativity, and comparison of sales. The court found that the current valuation had not been discredited by Bayliss and that the onus was on him to prove his case. The court concluded that Bayliss had failed to substantiate his claims, and the appeal was dismissed. The valuation of the Chief Executive of Lot 81 on RP 92742 was confirmed at $5,000.

The court found that the nature of the land was as described by the Departmental Registered Valuer, Mr Van Hees, and that there was no significant difference between the parcels based upon instability alone. The court also found that the better access for building did not add significant value to the subject and that the relativity of the subject with adjoining parcels was appropriate. The court rejected the sale of Lot 88 as a special family sale and found that the sale of the subject for $5,500 was a bona fide sale bearing in mind the known difficulties. The court concluded that the general responsibility to have informed the former owner of the possibility of land slip should not be seen as a council liability, as there was no evidence that it had acted negligently at the time. The court found that the current valuation had not been discredited by the appellant and that the onus was upon the appellant to prove his case. The appeal was dismissed, and the valuation of the Chief Executive of Lot 81 on RP 92742 was confirmed at $5,000.