Clayton v Valuer-General - [2012] QLC 30

LAND COURT OF QUEENSLAND

CITATION: Clayton & Ors v Valuer-General [2012] QLC 0030

PARTIES:
Dianne Clayton (VLA243-10)

Alf and Carmela Mangano and Orazio and Josie Scimone (VLA244-10)

John Burton and Lauren Dorothy Goss (VLA245-10)

Timothy Grimmond (VLA247-10)

Alan Steven and Kathleen Daphne Sanders (VLA248-10)

Kerry Ann Hampstead (VLA249-10)

and

Annette Margaret Julius (VLA250-10)
(appellants)

v.

Valuer-General
(respondent)

FILE NOS:
VLA243-10, VLA244-10, VLA245-10, VLA247-10, VLA248-10, VLA249-10 and VLA250-10

DIVISION: General Division

PROCEEDING: Appeals against annual valuations under the Valuation of Land Act 1944

DELIVERED ON: 21 June 2012

DELIVERED AT: Brisbane

HEARD AT: Stanthorpe

PRESIDENT: CAC MacDonald

ORDER:
VLA243-10

1.     The appeal is allowed.

2.     The unimproved value of Lot 69 on BNT 136, County of Clive, Parish of Tenterfield is determined at One Hundred and Fifteen Thousand, Five Hundred Dollars ($115,500.00) as at 1 October 2009.

VLA244-10

1.     The appeal is allowed.

2.     The unimproved value of Lot 2 on RP 71191 and Lot 2 RP 71192, County of Bentinck, Parish of Tenterfield, is determined at One Hundred and Seventeen Thousand, Five Hundred Dollars ($117,500.00) as at 1 October 2009.

VLA245-10

1.     The appeal is allowed.

2.     The unimproved value of Lot 1 on RP 92998, County of Bentinck, Parish of Tenterfield, is determined at One Hundred and Six Thousand Dollars ($106,000.00) as at 1 October 2009.

VLA247-10

1.     The appeal is allowed.

2.     The unimproved value of Lot 3 on RP 71192, County of Bentinck, Parish of Tenterfield, is determined at Ninety-Two Thousand, Five Hundred Dollars ($92,500) as at 1 October 2009.

VLA248-10

1.     The appeal is allowed.

2.     The unimproved value of Lot 1 on RP 54487, County of Bentinck, Parish of Tenterfield, is determined at Eighty-Three Thousand, Five Hundred Dollars ($83,500.00) as at 1 October 2009.

VLA249-10

1.     The appeal is allowed.

2.     The unimproved value of Lot 6 on RP 71192, County of Bentinck, Parish of Tenterfield, is determined at Sixty-One Thousand Dollars ($61,000) as at 1 October 2009.

VLA250-10

1.     The appeal is allowed.

2.     The unimproved value of Lot 2 on RP 92998, County of Bentinck, Parish of Tenterfield, is determined at One Hundred and Twelve Thousand Dollars ($112,000.00) as at 1 October 2009.

CATCHWORDS:
Valuation - unimproved value - rural land - whether to be valued as rural residential or primary production land - alleged difference in value.

Valuation - unimproved value - sales evidence of rural residential land only - no sales evidence of primary production land.

Evidence - no sales evidence by valuer as to value of primary production land.

APPEARANCES: Ms D Clayton, an appellant, on behalf of the appellants
Mr J Tate of Crown Law for the respondent

This decision deals with seven appeals brought by landowners (the appellants) under the provisions of the Valuation of Land Act 1944 against the unimproved valuations of their land as issued by the respondent Valuer-General as at 1 October 2009.
The properties the subject of the appeals are all located at Paling Yard Road, Wallangarra - either adjoining and/or across the road…

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.

Continue reading Clayton v Valuer-General

Details

AGLC: Clayton v Valuer-General [2012] QLC 30
Case: [2012] QLC 30
Decision Date: 21 June 2012

CaseChat Overview and Summary

Clayton was involved in an appeal against the Valuer-General regarding the valuation of certain rural properties. The dispute centred on whether the unimproved value of these properties should be assessed as rural residential or primary production land. Clayton argued that there was a significant difference in value between these two categories, which was not appropriately reflected in the Valuer-General's assessment. This led to an appeal to the court to review and potentially revise the valuations.

The primary legal issue the court had to address was whether the Valuer-General correctly assessed the unimproved value of the properties. Specifically, the court needed to determine if there was sufficient evidence to value the properties as either rural residential or primary production land, given the lack of sales data for primary production land. The court also had to consider whether the absence of sales evidence for primary production land justified a different valuation approach.

The court found that the Valuer-General's assessment did not adequately account for the potential difference in value between rural residential and primary production land. The court emphasised that the absence of sales evidence for primary production land did not preclude a valuation of the properties in that category. The court concluded that the Valuer-General should have considered the potential for primary production use, even in the absence of direct sales evidence. Based on this reasoning, the court allowed the appeal and set new valuations for the properties in question.

The court ordered that the unimproved value of each property be reassessed, with new valuations set as of 1 October 2009. The new valuations were detailed in the court's orders and represented a significant departure from the original assessments provided by the Valuer-General.

Orders

Orders of the court

VLA243-10

1. The appeal is allowed.

2. The unimproved value of Lot 69 on BNT 136, County of Clive, Parish of Tenterfield is determined at One Hundred and Fifteen Thousand, Five Hundred Dollars ($115,500.00) as at 1 October 2009.

VLA244-10

1. The appeal is allowed.

2. The unimproved value of Lot 2 on RP 71191 and Lot 2 RP 71192, County of Bentinck, Parish of Tenterfield, is determined at One Hundred and Seventeen Thousand, Five Hundred Dollars ($117,500.00) as at 1 October 2009.

VLA245-10

1. The appeal is allowed.

2. The unimproved value of Lot 1 on RP 92998, County of Bentinck, Parish of Tenterfield, is determined at One Hundred and Six Thousand Dollars ($106,000.00) as at 1 October 2009.

VLA247-10

1. The appeal is allowed.

2. The unimproved value of Lot 3 on RP 71192, County of Bentinck, Parish of Tenterfield, is determined at Ninety-Two Thousand, Five Hundred Dollars ($92,500) as at 1 October 2009.

VLA248-10

1. The appeal is allowed.

2. The unimproved value of Lot 1 on RP 54487, County of Bentinck, Parish of Tenterfield, is determined at Eighty-Three Thousand, Five Hundred Dollars ($83,500.00) as at 1 October 2009.

VLA249-10

1. The appeal is allowed.

2. The unimproved value of Lot 6 on RP 71192, County of Bentinck, Parish of Tenterfield, is determined at Sixty-One Thousand Dollars ($61,000) as at 1 October 2009.

VLA250-10

1. The appeal is allowed.

2. The unimproved value of Lot 2 on RP 92998, County of Bentinck, Parish of Tenterfield, is determined at One Hundred and Twelve Thousand Dollars ($112,000.00) as at 1 October 2009.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Clayton & Ors v Valuer-General [2012] QLC 0030
PARTIES:	Dianne Clayton (VLA243-10) Alf and Carmela Mangano and Orazio and Josie Scimone (VLA244-10) John Burton and Lauren Dorothy Goss (VLA245-10) Timothy Grimmond (VLA247-10) Alan Steven and Kathleen Daphne Sanders (VLA248-10) Kerry Ann Hampstead (VLA249-10) and Annette Margaret Julius (VLA250-10) (appellants)
v.
Valuer-General (respondent)
FILE NOS:	VLA243-10, VLA244-10, VLA245-10, VLA247-10, VLA248-10, VLA249-10 and VLA250-10
DIVISION:	General Division
PROCEEDING:	Appeals against annual valuations under the Valuation of Land Act 1944
DELIVERED ON:	21 June 2012
DELIVERED AT:	Brisbane
HEARD AT:	Stanthorpe
PRESIDENT:	CAC MacDonald
ORDER:	VLA243-10 1. The appeal is allowed. 2. The unimproved value of Lot 69 on BNT 136, County of Clive, Parish of Tenterfield is determined at One Hundred and Fifteen Thousand, Five Hundred Dollars ($115,500.00) as at 1 October 2009. VLA244-10 1. The appeal is allowed. 2. The unimproved value of Lot 2 on RP 71191 and Lot 2 RP 71192, County of Bentinck, Parish of Tenterfield, is determined at One Hundred and Seventeen Thousand, Five Hundred Dollars ($117,500.00) as at 1 October 2009. VLA245-10 1. The appeal is allowed. 2. The unimproved value of Lot 1 on RP 92998, County of Bentinck, Parish of Tenterfield, is determined at One Hundred and Six Thousand Dollars ($106,000.00) as at 1 October 2009. VLA247-10 1. The appeal is allowed. 2. The unimproved value of Lot 3 on RP 71192, County of Bentinck, Parish of Tenterfield, is determined at Ninety-Two Thousand, Five Hundred Dollars ($92,500) as at 1 October 2009. VLA248-10 1. The appeal is allowed. 2. The unimproved value of Lot 1 on RP 54487, County of Bentinck, Parish of Tenterfield, is determined at Eighty-Three Thousand, Five Hundred Dollars ($83,500.00) as at 1 October 2009. VLA249-10 1. The appeal is allowed. 2. The unimproved value of Lot 6 on RP 71192, County of Bentinck, Parish of Tenterfield, is determined at Sixty-One Thousand Dollars ($61,000) as at 1 October 2009. VLA250-10 1. The appeal is allowed. 2. The unimproved value of Lot 2 on RP 92998, County of Bentinck, Parish of Tenterfield, is determined at One Hundred and Twelve Thousand Dollars ($112,000.00) as at 1 October 2009.
CATCHWORDS:	Valuation - unimproved value - rural land - whether to be valued as rural residential or primary production land - alleged difference in value. Valuation - unimproved value - sales evidence of rural residential land only - no sales evidence of primary production land. Evidence - no sales evidence by valuer as to value of primary production land.
APPEARANCES:	Ms D Clayton, an appellant, on behalf of the appellants Mr J Tate of Crown Law for the respondent