BWP Management Limited v Valuer-General - [2014] QLC 3

LAND COURT OF QUEENSLAND

CITATION:BWP Management Limited v Valuer-General [2014] QLC 3
PARTIES:BWP Management Limited
(appellant)
v.
Valuer-General

(respondent)

FILE NO:LVA052-13
LVA055-13

DIVISION:General Division
PROCEEDING:  Appeals against annual valuations under the Land Valuation Act 2010
DELIVERED ON:                  3 February 2014
DELIVERED AT:                   Brisbane
HEARD ON:  23, 24, 25 September 2013
Submissions finalised and decision reserved 20 November 2013.

HEARD AT:Brisbane
MEMBER:WA Isdale
ORDERS:1. Appeal LVA052-13 relating to 492 Olsen Avenue, Molendinar is allowed. The site value of this land on 1 October 2011 is determined to be $8,400,000.
2. Appeal LVA055-13 relating to 197 Reedy Creek Road, Burleigh Waters is allowed. The site value of this land on 1 October 2011 is determined to be $8,283,120.

CATCHWORDS: Land Valuation Act 2010, ss 163, 169

Valuation ― direct comparison of sales ― easement
Boland v Yates (1999) 167 ALR 575
Chief Executive, Department of Natural Resources v Radlett Enterprises Pty Ltd (1997-98) 18 QLCR 397
Clough v Valuer-General (1981-82) 8 QLCR 70
Commissioner of Succession Duties (SA) v Executor Trustee and Agency Co. of South Australia (1947) 74 CLR 358
Dunning v Valuer-General [2012] QLC 66
Federal Commissioner of Taxation v St Helen’s Farm (ACT) Pty Ltd (1980-81) 146 CLR 336
Fischer v Valuer-General (1983) 9 QLCR 44
GPT RE Limited (As Responsible Entity) & Anor v Department of Natural Resources and Water (2009) 30 QLCR 100
Leichardt Municipal Council v Seatainer Terminals Pty Ltd & Anor (1981) 48 LGRA 409
Tow v Valuer-General (1978) 5 QLCR 378
Perpetual Trustee Company Limited v Department of Natural Resources, Mines and Water (2006) 27 QLCR 64
PT Limited & Anor v Department of Natural Resources and Mines [2007] QLAC 77
Secretary of State of Foreign Affairs v Charlesworth, Pilling & Co. (1901) AC 373
Valuer-General v Marano (1978) 5 QLCR 194

APPEARANCES: Mr AR Lonergan instructed by Clayton Utz for the appellant
Mr SA McLeod, instructed by the Department of Natural Resources and Mines for the respondent

Background

The Valuer-General, in accordance with that officer’s duty under the Land Valuation Act 2010 (the Act), routinely valued the land the subject of each of these two appeals, which were heard together. The date of this valuation is 1 October 2011. The appellant is dissatisfied with the valuations and has appealed to this Court.

The valuations

Appeal LVA052-13 relates to 492 Olsen Avenue, Molendinar. It is Lot 1 on Survey Plan 108078 County of Ward, Parish of Nerang, has an area of 35,270 m² and was valued at $9,900,000.[1] The appellant initially contended that the correct valuation for this land on the 1 October 2011 valuation date is $8,220,000,[2] a figure that was amended in the course of the hearing to $8,400,000.
[1] Exhibit 8 page 17.
[2] Exhibit 6 page 39.
Appeal LVA055-13 concerns 197 Reedy Creek Road, Burleigh Waters. It is Lot 4 on Survey Plan 116892 County of Ward, Parish of Mudgeeraba, has an area of 32,850 m² and was valued at $9,700,000.[3] The appellant contended that the correct…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2014] QLC 3
Decision Date: 3 February 2014

CaseChat Overview and Summary

The appeal before the Court was brought by BWP Management Limited (appellant) against the Valuer-General (respondent) concerning the valuation of two parcels of land, 492 Olsen Avenue, Molendinar and 197 Reedy Creek Road, Burleigh Waters. The appellant disagreed with the valuation of these lands as conducted by the respondent under the Land Valuation Act 2010 and sought a re-evaluation by the Court. The primary legal issue before the Court was to determine the appropriate valuation for each parcel of land on the date of 1 October 2011, in accordance with the evidence presented by both parties.

The Court considered the valuation methods and evidence presented by both the appellant and the respondent. The appellant’s valuer, Mr Brett Schultz, employed a method of direct comparison of sales, using a rate per square metre based on sales of similar properties. The respondent’s valuer, Mr Derek Bale, also used direct comparison but with a focus on sales with development approvals for bulky goods retail, which were considered more directly comparable to the subject properties. Both valuers had differing opinions on the impact of easements on the land values and the appropriate discounts to be applied.

The Court found that the method employed by Mr Schultz, while not without its imperfections, was preferable as it required fewer allowances for improvements, thereby reducing the overall scope for error. The Court also accepted Mr Schultz's assessment of the impact of Easement B on the value of the land at 492 Olsen Avenue, Molendinar, and Easement K at 197 Reedy Creek Road, Burleigh Waters.

Consequently, the Court determined the site value of 492 Olsen Avenue, Molendinar to be $8,400,000 and the site value of 197 Reedy Creek Road, Burleigh Waters to be $8,283,120. The appeals were allowed, and these values were set as the determined valuations of the respective lands.

Orders