Chung v Chief Executive, Department of Natural Resources

The Land Court in Brisbane heard an appeal by Sze Ming Chung against the Chief Executive of the Department of Natural Resources regarding the valuation of a residential property. The parcel of land, Lot 27, located at the corner of Charles and Cross Streets in New Farm, was valued at $175,000 as at 1 October 1996, a figure that Chung found excessive. The key issue for the court was whether the valuation was excessive and if the appellant had discharged the onus of proof. Chung argued that the valuation was unreasonable by comparing it to other properties in the area, particularly those on Charles Street. The respondent argued that the valuation was reasonable and based on analysed sales evidence provided by a registered departmental valuer.

The court found that while there were errors in the valuation of certain properties in Charles Street, these errors did not impact the valuation of Chung’s property. The court agreed with the respondent that comparing properties on a per square metre basis was not the best method for residential property valuations. The court found that the subject property was comparable to other properties in the area when assessed on a site-to-site basis. The court also noted that the Chief Executive had provided the only analysed sales evidence, which supported the valuation of $175,000. Ultimately, the court found that the appellant had not discharged the onus of proof required under section 56(2) of the Valuation of Land Act.

The appeal was dismissed, and the unimproved value of $175,000 for Lot 27 on RP 9128, Parish of North Brisbane, as determined by the Chief Executive, was affirmed.