Beydoun v Valuer-General

[2018] QLAC 1

LAND APPEAL COURT OF QUEENSLAND

CITATION:

Beydoun v Valuer-General [2018] QLAC 1

PARTIES:

Nabil Beydoun

(appellant)

v

Valuer-General

(respondent)

FILE NO:

LAC005-17

DIVISION:

Land Appeal Court of Queensland

PROCEEDING:

Appeal

ORIGINATING COURT:

Land Court of Queensland

DELIVERED ON:

15 March 2018

DELIVERED AT:

Cairns

HEARING DATE:

2 February 2018, at Cairns

THE COURT 

Henry J

W A Isdale, Member of the Land Court

P G Stilgoe, Member of the Land Court

ORDERS:

1.     Leave granted for the Appellant to adduce further evidence.

2.     Appeal dismissed.

3.     The valuation appealed against is confirmed. That valuation is of Lot 9 on RP701130 which has an area of 1012m². The valuation is $305,000 and the date of valuation is 1 October 2015. The street address is 227 McLeod Street, Cairns North, 4870.

CATCHWORDS:

REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND APPEALS – QUEENSLAND – where the appellant contended that the valuation was excessive – where the appellant relied on relativity with the Valuer-General’s valuation of one adjourning parcel of land – where the Valuer-General relied on expert evidence based on sales of comparable land – where the Land Court dismissed the appellant’s appeal – where the Land Appeal Court also dismissed the appellant’s further appeal

APPEAL AND NEW TRIAL – ADMISSION OF FURTHER EVIDENCE – where the appellant sought to introduce further evidence on the appeal – where the respondent did not object – where further evidence was introduced on appeal to the Land Appeal Court

Land Court Act 2000 (Qld)
Land Valuation Act 2010 (Qld) s 19, s 170, 172
Valuation of Land Act 1944 (Qld)

Banks v Valuer-General [2017] QLC 52, cited
Beydoun v Valuer-Geneal [2017] QLC 36, cited
Bignell v Chief Executive, Department of Lands [1996] QLAC 22, followed
Brisbane City Council v the Valuer-General (1978) 140 CLR 41, cited
Fairfax v Department of Natural Resources and Mines [2005] QLC 11, followed
Finlayson v Valuer-General (2013) 34 QLCR 101,
Hans and Else Grahn v Valuer-General (1992-1993) 14 QLCR 327, followed
J.L. and I. Qualischefski v Valuer-General (1979) 6 QLCR 167, followed
R and MM Barnwell v The Valuer-General (1989) 13 QLCR 13, cited
Spencer v The Commonwealth (1907) 5 CLR 418, cited
Thomsonv Department of Natural Resources and Mines [2007] QLC 92, cited
Waterhouse v The Valuer-General (1927) 8 LGR (NSW) 137, followed
WM and TJ Fischer v The Valuer-General (1983) 9 QLCR 44), cited

APPEARANCES:

The appellant represented himself.
G P Sammon, Crown Solicitor, for the respondent.

1. HENRY J: I agree with the reasons of Member Isdale and with the orders proposed.

1. MEMBER ISDALE:

Background

The respondent carried out a routine valuation on land owned by the appellant, a 1,012m² parcel at 227 McLeod Street, Cairns. This is required to be done under the Land Valuation Act 2010 (Qld). The date of the valuation was 1 October 2015 and the site value, a term found in the Act and not the subject of any dispute, was…