Gatfield v Valuer-General

Case [2013] QLC 55

LAND COURT OF QUEENSLAND

CITATION: Gatfield & Anor v Valuer-General [2013] QLC 55
PARTIES: Bruce and Cheryl Gatfield
(appellants)
v.

Valuer-General
(respondent)
FILE NO: LVA960-11
DIVISION: General Division
PROCEEDING: Appeal against annual valuation
DATE OF HEARING:

14 February 2013

DELIVERED ON: 30 August 2013
DELIVERED AT: Brisbane
HEARD AT: Toowoomba
PRESIDENT: CAC MacDonald
ORDER:

1.   The appeal is dismissed.

2.   The site valuation of Lots 10, 11, 20 and 21 on RP 16820 in the County of Aubigny, Parish of Drayton, as at 1 October 2010, is affirmed at Four Hundred and Forty Thousand Dollars ($440,000).
CATCHWORDS:

Valuation - site value of single residential property - scarcity of unimproved sales for basis - whether sufficient to establish market - whether premium attached to sales - evidence necessary - none provided - onus of proof on appellant.

Valuation - site value of single residential property - relationship between land size and value per m² - need to consider all features - size, aspect, topography, location, shape of block, zoning - area comparison not proper valuation practice.

Valuation - site value - single residential property - sub-market established for prestige area - relativity between properties desirable - but sales key comparison.

Land Valuation Act 2010

Barnwell v The Valuer-General (1989) 13 QLCLR 13
Department of Natural Resources and Mines v Spender (2003) 24 QLCR 414
Fischer v The Valuer-General (1983) 9 QLCR 44
Grahn v Valuer-General (1992) 14 QLCR 327
Maurici v Chief Commissioner of State Revenue and Anor [2002] 212 CLR 111
APPEARANCES: Mr B Gatfield, one of the appellants, on behalf of the appellants
Ms T Johnson, Senior Lawyer, Department of Natural Resources and Mines

  1. Bruce and Cheryl Gatfield (the appellants) are the registered proprietors of a residential property situated in Burns Street, East Toowoomba.  Pursuant to the provisions of the Land Valuation Act 2010 (the Act), the respondent Valuer-General determined the site value of the appellants' property, as at 1 October 2010, at $440,000.  The appellants have appealed to this Court against that assessment contending, in their notice of appeal, that the site value should be $345,000.  At the hearing of the appeal, the appellants contended for a value of $324,500. 

  2. Mr B Gatfield, one of the appellants, conducted the appellants' case and gave evidence in support of the grounds of appeal.  Mr Gatfield is a licensed real estate person and has worked in Toowoomba for nearly 24 years. 

  3. Evidence was given on behalf of the respondent by Mr S Doyle, a registered valuer in the employ of the Valuer-General.  Mr Doyle has experience with the Department in rural, residential and urban valuations in the south-west region, dating back to 1993.  He was the valuer responsible for making the valuation under appeal. 

  4. The subject land consists of four lots, Lots 10, 11, 20 and 21 on RP 16820, in the County of Aubigny, Parish of Drayton.  The property has an area of 1,623 m². 

  5. Mr Doyle said that the subject land is situated approximately 1 km radially south-east of…

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AGLC
Gatfield v Valuer-General [2013] QLC 55
Case
[2013] QLC 55
Decision Date

CaseChat Overview and Summary

Gatfield v Valuer-General involved the valuation of a single residential property in the County of Aubigny. The dispute centred on the site value of Lots 10, 11, 20, and 21 on RP 16820, as at 1 October 2010, and was heard by the court. The appellant argued that the site value should be higher than the valuation provided by the Valuer-General, who assessed the value at Four Hundred and Forty Thousand Dollars ($440,000). The central legal issues revolved around the scarcity of unimproved sales in the area, the appropriateness of the evidence provided to support the appellant's case, and the correct methodology for determining the site value of the property.

The court considered whether there was sufficient evidence to establish a market for unimproved land in the area, and if a premium was attached to sales in the prestige location. It was noted that the onus was on the appellant to provide evidence to support their claim. The court found that no such evidence was presented, and therefore, the appellant had not discharged the onus of proof. Furthermore, the court examined the relationship between the land size and value per square metre, and determined that it was necessary to consider all features of the property, including size, aspect, topography, location, shape of the block, and zoning. The court concluded that an area comparison was not an appropriate method of valuation.

The court dismissed the appeal and affirmed the site valuation of the property at Four Hundred and Forty Thousand Dollars ($440,000). The court found that the Valuer-General had correctly applied the principles of valuation and that the appellant had not provided sufficient evidence to support their claim. The court's decision highlighted the importance of providing appropriate evidence and using a comprehensive approach when determining the value of a property.

Orders

Orders of the court

1. The appeal is dismissed.

2. The site valuation of Lots 10, 11, 20 and 21 on RP 16820 in the County of Aubigny, Parish of Drayton, as at 1 October 2010, is affirmed at Four Hundred and Forty Thousand Dollars ($440,000).

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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