EJ Turnbull v Department of Natural Resources and Water

EJ Turnbull appealed against the valuation of a road licence on his property at Tambo. The Department of Natural Resources and Water had determined the unimproved value of the road licence for rental purposes at $2,200 as at 1 October 2005. Turnbull contested the valuation, claiming it was too high and that there was insufficient evidence to support it. The case was heard in the Queensland Administrative Tribunal (QCAT).

The key legal issues before the tribunal were whether the Department had correctly determined the unimproved value of the road licence and whether Turnbull had discharged the onus of proof to show that the valuation was incorrect. The tribunal had to consider the evidence provided by both parties and assess whether the Department had adhered to the provisions of the Valuation of Land Act 1944 in making its valuation.

The tribunal found that Turnbull had not provided sufficient evidence to prove that the valuation was excessive. It determined that the Department had followed the correct procedure in assessing the unimproved value of the road licence and had relied on the best available evidence. The tribunal held that the onus of proof was on Turnbull to demonstrate that the valuation was incorrect, but he had failed to do so. Consequently, the tribunal dismissed the appeal and affirmed the valuation of the road licence at $2,200.

The tribunal dismissed the appeal and affirmed the valuation of the "Narada" Road Licence 2063 for rental purposes as at 1 October 2005 at Two Thousand, Two Hundred Dollars ($2,200).