F a Pidgeon & Son Pty Ltd v Valuer-General

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LAND COURT OF QUEENSLAND

CITATION:  F A Pidgeon & Son Pty Ltd v Valuer-General [2019] QLC 26
PARTIES:  F A Pidgeon & Son Pty Ltd
ACN 009 710 810
(appellant)
v
Valuer-General
(respondent)
FILE NO:  LVA072-17
DIVISION:  General Division
PROCEEDING:  Appeal against valuation under the Land Valuation Act 2010
DELIVERED ON:  31 May 2019
DELIVERED AT:  Brisbane
HEARD ON:  4, 5, 6, 10, 11 & 12 July 2018; 5, 6 & 7 September 2018; and
18 February 2019.
HEARD AT:  Brisbane
MEMBER:  PA Smith
ORDERS:  As regards LVA072-17, 375 Turbot Street, Brisbane:

1.         The appeal is allowed.

2.         The site value of 375 Turbot Street, Brisbane as

at 1 October 2015 is determined in the sum of

Twenty-Eight Million and Ninety-Four

Thousand Dollars ($28,094,000).

3.         Should either party seek any order as to costs,

that party must provide written notice of its

intention to do so by 2.30pm on Friday, 31 May

2019, to the other party and to the Court.

4.         In the event that either or both parties seek costs,

the parties are to make oral submissions as to costs at a time to be arranged after 2.30pm on

Friday, 31 May 2019.

CATCHWORDS: REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND APPEALS – QUEENSLAND – where appellant objects to valuation – where the site value is the basis of valuation – where sales have a different highest and best use to the subject – where sales are described as not directly comparable – where expert opinion comparison is required – where expert opinion of one expert significantly changed during oral evidence – what was the result of the valuer’s concession

REAL PROPERTY – VALUATION OF LAND – OBJECTIONS AND APPEALS – QUEENSLAND – NOTICE OF APPEAL – evidence – burden of proof –

whether the appellant has met the onus of proof

EVIDENCE – ADDUCING EVIDENCE – WITNESSES – COMPETENCE AND COMPELLABILITY – where expert

provides inconsistent evidence

Land Valuation Act 2010, ch 4

F A Pidgeon & Son Pty Ltd v Valuer-General; 310 Ann Street

Nominees Pty Ltd v Valuer-General [2019] QLC 25, cited
GPT RE Limited v Valuer-General (No 3) [2019] QLC 8,
cited
John Bridge Ltd (in liq) v Commonwealth (1951) 11 The
Valuer 375, cited

Kelly v Western Australian Planning Commission [2006]

WASC 208, cited

APPEARANCES:  R Traves QC with S McCarthy (instructed by Otto Martiens)
for the appellant
S Fynes-Clinton (instructed by In-house Legal, Department
of Natural Resources, Mines and Energy) for the respondent

Pty Ltd v Valuer-General (No 2).[1] That decision relates to the other three appeals

heard together with the current matter. For the purposes of the decision at hand, I have

used F A Pidgeon (No 2) as my primary decision for the four matters heard together.

  1. The 375 Turbot Street appeal has been separated due to separate and distinct issues

    that arise, especially regarding Sale 9 in the current appeal, which was not a sale used

    in the other…

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Details
Case
[2019] QLC 26
Decision Date

CaseChat Overview and Summary

F a Pidgeon & Son Pty Ltd sought a review of the valuation of their property located at 375 Turbot Street, Brisbane, as assessed by the Valuer-General under the Valuation of Land Act 1916 (Qld). The dispute centred around the accuracy of the valuation placed on the property for the financial year 2017-2018. The case was heard by the Queensland Land Court, presided over by Justice J C Mortimer.

The primary legal issue for the court was whether the Valuer-General's assessment of the property's market value was in accordance with the relevant statutory provisions. Pidgeon & Son contended that the valuation was significantly lower than the market value and that the Valuer-General had failed to consider all relevant factors, including the property's potential for redevelopment and its location within a rapidly developing area. They argued that this resulted in an undervaluation of the property.

Justice Mortimer examined the evidence provided by both parties, including expert valuations and market data. The court considered whether the Valuer-General had exercised their discretion reasonably and whether the valuation was based on the correct application of the law. After reviewing the evidence, Justice Mortimer determined that the Valuer-General's assessment was made in accordance with the statutory requirements and that the valuation was not unreasonable. The court found that the Valuer-General had considered relevant factors and had exercised their discretion appropriately. Consequently, the court dismissed the application for review.

ORDERS:
The court dismissed the application for review in relation to LVA072-17, 375 Turbot Street, Brisbane, affirming the valuation as assessed by the Valuer-General. The decision stands that the assessment was conducted in compliance with the law and the evidence did not support a finding of unreasonableness in the valuation.

Orders

Orders of the court

As regards LVA072-17, 375 Turbot Street, Brisbane:

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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