Bilungra Pty Ltd as Trustee for the Alan Webster Family Trust v Chief Executive, Department of Natural Resources

The case before the Land Court involved appeals by Bilungra Pty Ltd as Trustee for the Alan Webster Family Trust and Alan and Joan Webster against the Chief Executive of the Department of Natural Resources regarding the determination of the unimproved values of two adjoining residential properties in Windsor, Brisbane. The appellants contested the valuation of their land, claiming that the determined unimproved values were excessive compared to similar properties in the area. The Chief Executive had determined the unimproved values of Lot 13 and Lot 14 at $180,000 and $225,000, respectively, while the appellants argued for lower values of $120,000 and $140,000.

The primary legal issue before the court was whether the appellants had successfully demonstrated that the valuations determined by the Chief Executive were incorrect, specifically focusing on the relativity of the valuations. The appellants argued that the Chief Executive's valuations were inconsistent with the values assigned to other similar properties in the vicinity, particularly noting the lower valuation of Lot 15, which they considered a more comparable site. The Departmental Registered Valuer, James Thomas Houghton, defended the valuations, stating that they were supported by available sales evidence and that there might be inconsistencies in the valuation of Lot 15, though he could not provide a definitive reason for these discrepancies.

The court found that while there might be some relativity issues, particularly concerning the valuation of Lot 15, the onus of proving the incorrectness of the valuations rested with the appellants. The court emphasised the importance of analysed sale evidence in determining unimproved values and concluded that the appellants had not sufficiently discharged this onus. The court affirmed the valuations as determined by the Chief Executive, dismissing both appeals. The court also noted that it did not have the authority to reprimand the Department of Natural Resources for administrative failures unrelated to the substantive appeals. The final determinations affirmed the unimproved values of $180,000 for Lot 13 and $225,000 for Lot 14 as determined by the Chief Executive.