Central Brunswick Town Square Community Body Corporate v Chief Executive, Department of Natural Resources

The case of Central Brunswick Town Square Community Body Corporate v Chief Executive, Department of Natural Resources involved an appeal against the unimproved valuation of a parcel of land by the Chief Executive, Department of Natural Resources. The appellant, Central Brunswick Town Square Community Body Corporate, sought to challenge the valuation of their land, which had been assessed at $285,000 as at 1 October 1998. They argued that the land should be valued at $200,000 but provided evidence to support a valuation of $50,000. The primary legal issue before the court was whether the Chief Executive's valuation was correct or whether the appellant could demonstrate that the valuation was based on an error in principle or fact.

The court considered the valuation evidence provided by both parties, with the appellant's expert, Geoffrey Donald Trivett, valuing the land at $50,000 based on limited development opportunities. In contrast, the Chief Executive's expert, Alan Ross Kirby, employed two valuation methods, resulting in a valuation of $170 per m² for redevelopment and $2,800 per car space for car-parking purposes, ultimately valuing the land at $284,920. The court acknowledged the imperfections in Mr Kirby's valuation but found that the appellant had not demonstrated any errors in principle or fact that would rebut the presumption of correctness in the Chief Executive's valuation.

In dismissing the appeal, the court emphasised the statutory onus of proof on the appellant to show that the Chief Executive's valuation was incorrect. The court concluded that while Mr Kirby's valuation methods were not without flaws, the appellant had not met the burden of proving that the Chief Executive's valuation was based on an error in principle or fact. Therefore, the appeal was dismissed, and the Chief Executive's valuation of $285,000 was upheld.