Crosby Nominees Pty Ltd v Department of Natural Resources and Mines

Crosby Nominees Pty Ltd brought an appeal against the Department of Natural Resources and Mines concerning the valuation of a parcel of land. The dispute centred on the unimproved value of a leasehold interest in PTA Lot 171 on SP 102276 in the County of Canning, Parish of Mooloolah, as assessed as at 1 October 2004. The case was heard and determined by the Queensland Land Court.

The court was tasked with resolving several legal issues, including the appropriate method for determining the unimproved value of a leasehold interest in land, whether the value should be assessed as if the land were held in fee simple, and whether the best evidence rule applied to the valuation evidence presented. Additionally, the court had to consider whether a deduction for Goods and Services Tax (GST) should be made and whether GST constituted an "improvement" to the land for the purposes of valuation.

In delivering its judgment, the court held that the unimproved value of the leasehold interest should be assessed as if the land were held in fee simple. It found that the best evidence rule did not preclude the use of sales evidence, and it preferred the sales evidence over other forms of valuation evidence. The court also determined that no deduction for GST should be made, as GST was not considered an "improvement" to the land. Consequently, the appeal was dismissed, and the unimproved value of PTA Lot 171 on SP 102276 in the County of Canning, Parish of Mooloolah at One Hundred and Fifteen Thousand Dollars ($115,000) as at 1 October 2004 was affirmed.