Couper v Valuer-General

[2013] QLC 49

LAND COURT OF QUEENSLAND

CITATION:

Couper & Anor v Valuer-General [2013] QLC 49

PARTIES:

Dennis John Couper and Anita Claire Couper
(appellants)

v.

Valuer-General
(respondent)

FILE NOs:

LVA703-11
LVA893-12

DIVISION:

Land Court of Queensland

PROCEEDING:

Appeals against valuations under the Land Valuation Act 2010

DELIVERED ON:

31 July 2013

DELIVERED AT:

Brisbane

HEARD ON:

HEARD AT:

19 March 2013

Gympie

MEMBER:

Mr PA Smith

ORDERS:

1.     The appeal in LVA703-11 is dismissed.

2.     The appeal in LVA893-12 is dismissed.

CATCHWORDS:

Practice and Procedure – onus of proof

Valuation – valuation methodology – use of relevant sales best evidence – relativity of valuations of other blocks only relevant if those valuations are shown to be correct – “top down” or “bottom up” valuation approach  – assessment of disabilities

Land Valuation Act 2010

Fairfax v Department of Natural Resources and Mines [2005] QLC 11
Donald Neil Meiers and Florence Myrtle Meiers v Valuer General [2012] QLC 0019
Spencer v The Commonwealth (1907) 5 CLR 418
Steers v Valuer-General [2012] QLC 12
Tow v The Valuer-General (1978) 5 QLCR 378

APPEARANCES:

Mrs Anita Couper for herself and her husband
Mrs Thea Johnson, Senior Lawyer for the Department of Natural Resources and Mines

Background

1. This decision relates to two appeals by Mr and Mrs Couper (the appellants) against valuations by the respondent, the Valuer-General, pursuant to the Land Valuation Act2010, (the LVA), which valued the appellants’ property situated at 49 Collard Road, Mooloo via Gympie (the subject land), in the sum of $400,000 as at 1 October 2010 and 1 October 2011. The appellants contend for valuations of $150,000 and $200,000 respectively. It should be noted that the valuations of $400,000 arise as a consequence of a decision on objection relating to the 2011 valuation on 10 October 2012.

2. The subject land has been valued and zoned as rural. The land is valued as unimproved land pursuant to the provisions of the LVA, which separates land valued as site value land and land valued as unimproved land.

The Subject Land

1. The subject land is described as Lot 35 on LX 304, Parish of Amamoor, County of Lennox. It is located in Mooloo, approximately 16.5 kilometres south-west of Gympie.

2. Access to the subject land is via Collard Road, which is a formed gravel rural road approximately 600 metres in length, then via various bitumen roads to Gympie. Access is subject to creek flooding during rain events which can make the access impassable.

3. The subject land is severed on the western side by Miles Road, which has a gravel surface.

4. Telephone, electricity, mail and refuse collection services are available to the subject land. Good amenities are available at Gympie which is the district’s urban centre.

5. The subject land has an area of 73.769 hectares. It is of an irregular topography, ranging from creek flat fronting Pie Creek, to easy, then moderate and steep sloping country with ridge spurs. The property is mostly cleared and is used for grazing cattle. A residence is also located…