Grout Com Pty Ltd as Trustee v Valuer-General - [2010] QLC 135

LAND COURT OF QUEENSLAND

CITATION: Grout Com Pty Ltd as Trustee v Valuer-General [2010] QLC 0135

PARTIES:Grout Com Pty Ltd as Trustee
(Appellant)
v.
Valuer-General

(Respondent)

FILE NO:VLA207-10
DIVISION:Land Court of Queensland
PROCEEDING:  Appeal against annual valuation under Valuation of Land Act 1944
DELIVERED ON:                  7 October 2010
DELIVERED AT:                   Brisbane
MEMBER:Mr WA Isdale

ORDER/S:The appeal is dismissed. The valuation appealed against is confirmed.

CATCHWORDS: Valuation of Land Act 1944
Uniform Civil Procedure Rules, rule 426(1) and (2)
Valuation of land – sales best evidence of value – preference to sales over relativity – expert evidence – duty of expert to Court
A Hudson Pty Ltd v Legal and General Life of Australia Ltd [1986] 66 ALR 70 at 72, lines 28-32, applied
Australian Postal Corporation v Department of Natural Resources and Mines [2003] QLC0011, applied
Barnwell v Valuer-General [1990-91] 13 QLCR 13 at 17, referred to
Brisbane City Council v The Valuer-General [1977-78] 140 CLR 41 at 56-57, applied
Clough v Valuer-General [1981-82] 8 QLCR 70 at 76, referred to
Fischer v The Valuer-General [1983] 9 QLCR 44 at 46, referred to
Hans and Else Grahn v Valuer-General [1992-93] 14 QLCR 327 at 328, applied
Thomson v Department of Natural Resources and Mines [2007] QLC 0092 at [6] to [8], applied
Qualischefski v Valuer-General [1979] 6 QLCR 167 at 172, applied
GE Cominos & Co Pty Ltd v Chief Executive, Department of Lands [1996-97] 16 QLCR 311 at 336-339, applied
Perpetual Trustee Company Limited v Department of Natural Resources, Mines and Water [2006-2007] 27-28 QLCR 64 at [26], applied
NR & PG Tow v Valuer-General [1978] 5 QLCR 378 at 381, applied

APPEARANCES: Mr V Volny, Director for the Appellant
Mr P Prasad, Senior Legal Officer, Department of Environment and Resource Management, for the Respondent

Background

The appellant is the owner of Lot 5 on RP88095, County of Stanley, Parish of Yeerongpilly, Title Reference 13077128. More commonly described as 14 Megalong Street, Holland Park West. It is a residential block of 620 square metres area.
In accordance with the duty imposed by the then Valuation of Land Act 1944 the land has been valued in its notionally unimproved state as at 1 October 2009. The value was addressed as $370,000 but after an objection by the owner it was reduced to $365,000 due to consideration being given to the land being liable to suffer some flooding by way of overland flow and to noise from the Pacific Motorway.

The appeal

Not being satisfied with the valuation of $365,000, the appellant filed an appeal in this Court on 21 July 2010. The appeal was heard on 28 September 2010. The grounds of appeal became exhibit 1 and were supplemented by further material which was admitted as exhibit 2. The grounds of appeal referred to:
1.     The risk of flooding by overland flow and its impact on market value and development costs.
2.     Noise from the motorway.
3.     The restricted development potential due to the applicable zoning.
4.     The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2010] QLC 135
Decision Date: 7 October 2010

CaseChat Overview and Summary

Grout Com Pty Ltd as Trustee, the owner of a residential block in Holland Park West, Queensland, appealed against the valuation of their property at $365,000 as determined by the Valuer-General. The appellant, represented by their Director, Mr. V Volny, contended that the valuation was too high due to several factors, including the risk of flooding, noise from a nearby motorway, zoning restrictions, and the contour of the land. The Valuer-General, represented by Mr. P Prasad, defended the valuation, arguing that it was based on a thorough analysis of comparable sales and was consistent with established valuation principles.

The central legal issue in this case was whether the Valuer-General's valuation of the property at $365,000 was accurate and in accordance with the law. The court had to consider the appellant's arguments regarding the various factors that might affect the property's value and determine whether these factors were adequately accounted for in the valuation. The court also had to assess the credibility and expertise of the witnesses presented by both parties.

The Land Court of Queensland, presided over by Mr. WA Isdale, found that the Valuer-General's valuation was based on a sound methodology and was supported by reliable evidence. The court noted that the appellant's Director, while well-intentioned and knowledgeable, lacked the necessary expertise to challenge the valuation effectively. The court emphasized the importance of adhering to established valuation principles and the preference for sales evidence over relativity when determining property value. The court concluded that the appellant had not successfully demonstrated that the valuation was incorrect, and the presumption of correctness under the Valuation of Land Act 1944 remained intact.

The court dismissed the appeal and confirmed the valuation of $365,000. The decision highlighted the difficulties faced by non-experts in challenging the opinions of qualified valuers and underscored the importance of adhering to established valuation practices.

Orders