EJ Turnbull v Department of Natural Resources and Water
[2008] QLC 147
•16 July 2008
LAND COURT OF QUEENSLAND
CITATION: EJ Turnbull v Department of Natural Resources and Water [2008] QLC 0147 PARTIES: Elizabeth J Turnbull
(appellant)v. Chief Executive, Department of Natural Resources and Water
(respondent)FILE NO: RV2006/0213 DIVISION: Land Court of Queensland – General Division PROCEEDING: An appeal against a rental valuation DELIVERED ON: 16 July 2008 DELIVERED AT: Brisbane HEARD AT: Blackall MEMBER: Mr JJ Trickett, President ORDER: The appeal is dismissed and the valuation of the "Narada" Road Licence 2063 for rental purposes as at 1 October 2005 is affirmed at Two Thousand, Two Hundred Dollars ($2,200). CATCHWORDS: Unimproved value – small Road Licence - part of grazing property at Tambo – large increase in valuation – lack of evidence – failure to discharge onus of proof - Valuation of Land Act 1944. APPEARANCES: Mr A Boyd, agent, for the appellant.
Mr W Isdale, Executive Legal Consultant, Crown Law, for the respondent.
This is an appeal by a landowner in the then Shire of Tambo against the unimproved value of her land by the Chief Executive, Department of Natural Resources and Water (the Department) under the provisions of the Valuation of Land Act 1944 (the Act).
Ms EJ Turnbull is the owner of part of a grazing property known as "Narada", situated in close proximity to the town of Tambo. The valuations of the various components of "Narada" have been the subject of separate determinations.
The land the subject of this appeal is contained within the "Narada" aggregation and consists of a Road Licence over a closed road, containing an area of 10.401 ha. Under the provisions of s.14 of the Act, the unimproved value of such land must be determined as if the land was held in fee simple.
As at 1 October 2005, the Department applied an unimproved value of $2,200 to that land. The owner appealed to the Land Court against that valuation advising that her estimate of the unimproved value is $1,200.
The only evidence given in relation to this matter was contained in the statement of evidence of Mr AJ Turnbull, the owner of part of "Narada". Mr Turnbull contends that the previous valuation made as at 1 October 2001, was at the rate of $83.65/ha, which had increased in 2005 to $211.52/ha, a 153% increase. Mr Turnbull contends that there must be "a huge premium attaching to this valuation for small size". He also referred to the extent of the channels and the irregular shape of this land.
The Department did not give any evidence in this appeal. However, under s.33 of the Act the valuation is deemed to be correct until proved otherwise. The appellant bears the onus and burden of proving that the valuation is not correct.
In the circumstances of this case, there was insufficient evidence from the appellant to rebut the statutory presumption of correctness. Therefore, the appeal must be dismissed.
Order
The appeal is dismissed and the valuation of the "Narada" Road Licence 2063 for rental purposes as at 1 October 2005 is affirmed at Two Thousand, Two Hundred Dollars ($2,200)
JJ TRICKETT
PRESIDENT OF THE LAND COURT
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