Gosden v Valuer-General

[2013] QLC 7

LAND COURT OF QUEENSLAND

CITATION:

Gosden & Anor v Valuer-General [2013] QLC 7

PARTIES:

Michael Thomas and Irene Gladys Gosden
(appellants)

v.

Valuer-General
(respondent)

FILE NOS:

VLA372-10 and VLA373-10

DIVISION:

General Division

PROCEEDINGS:

Appeals against annual valuations

DELIVERED ON:

5 March 2013

DELIVERED AT:

Brisbane

HEARD AT:

Dalby

PRESIDENT:

CAC MacDonald

ORDER:

1.   Appeal VLA373-10 is dismissed. 

2.   The unimproved value of Lot 97 on M606 in the County of Lytton, Parish of Macalister, as at 1 October 2009, is affirmed at Twelve Thousand Dollars ($12,000).

3.   Appeal VLA372-10 is allowed.

4.   The unimproved value of Lots 94 - 96 on M606 in the County of Lytton, Parish of Macalister, held under Term Lease 211021, as at 1 October 2009, is determined at Forty-five Thousand Dollars ($45,000).  

CATCHWORDS:

Valuation - unimproved value - residential land - sales evidence - defects of subject land - valuation deemed to be correct.

Valuation - unimproved value of leasehold land - sales evidence - defects of subject land.

Valuation of Land Act 1944

APPEARANCES:

Mr MT Gosden in person, for the appellants
Mr P Prasad, Senior Lawyer, Department of Natural Resources and Mines, for the respondent

1. This decision deals with two appeals by Michael Thomas and Irene Gladys Gosden (the appellants) against annual valuations of two properties, as issued by the Valuer-General (the respondent), as at 1 October 2009, under the provisions of the Valuation of Land Act 1944 (the Act). 

2. The appeals were heard together in Dalby where Mr M Gosden, one of the appellants, appeared for and gave evidence on behalf of the appellants.  The respondent was represented at the hearing by Mr P Prasad.  Mr S Doyle, a registered valuer employed by the Valuer-General, gave evidence on behalf of the respondent. 

3. Before the hearing, I carried out an inspection of the subject properties in the presence of Mr Gosden, Mr Prasad and Mr Doyle.  I found that the inspection assisted me in my understanding of the evidence. 

4. Although the appeals were heard together and the sales and some other evidence were common to both appeals, it is convenient to deal with each appeal separately and to consider appeal VLA373-10 initially.

VLA373-10 

1. This appeal concerns a parcel of freehold land described as Lot 97 on M606, County of Lytton, Parish of Macalister, having an area of 1012 m².

2. Mr Doyle described the property as comprising near level black soil country cleared to grass.  It is situated on an unnamed road off Macalister-Wilkie Creek Road, Macalister, approximately 25 kms radially north-west of the Dalby Post Office.  The land is zoned "Small Town" under the planning scheme for the former shire of Wambo, which took effect on 22 April 2005.

3. Mr Doyle said that access to the property is gained by an unformed road.  The access is fair in dry weather, but poor in wet weather.  He also said that electricity and telephone services were available for connection to the property, although the availability of electricity was disputed by Mr Gosden.  This is discussed…