Chief Executive, Department of Transport and Main Roads v Pfeiffer Nominees Pty Ltd

The appellant, Pfeiffer Nominees Pty Ltd, objected to the valuation of its property by the Chief Executive of the Department of Transport and Main Roads. The valuation was based on highway access, with the property being situated on land purchased after a limited road access declaration. The dispute revolved around whether there existed a scheme for upgrading the highway, and if any increase or decrease in value was attributable to the execution of such a scheme. The case was heard in the Queensland Land Court, with an appeal subsequently filed to the Queensland Court of Appeal.

The central legal issues before the court were the application of the Point Gourde principle, which pertains to the valuation of property impacted by public works, and whether the proposed highway upgrade scheme was relevant in determining the property's value. The court was also tasked with interpreting the relevant statutory provisions, particularly those concerning the valuation of land subject to a limited road access declaration.

In resolving the appeal, the Queensland Court of Appeal found that the Point Gourde principle applied to the valuation of the property in question. The court determined that the highway upgrade scheme was a relevant factor in assessing the property's value, as it was likely to influence future development and accessibility. The court concluded that the appellant's property had experienced a decrease in value due to the limited road access and the potential impact of the proposed highway upgrade. Consequently, the appeal was allowed, and compensation was set at Five Hundred and Eighty Thousand Dollars ($580,000) plus interest. The court also mandated that the parties submit written submissions regarding the quantification of interest, costs in both the Land Court and the Court of Appeal within two weeks of the judgment.