Holder v Chief Executive, Department of Natural Resources and Mines

Mr and Mrs Holder appealed against the unimproved valuations of two parcels of land, AV98-321 and AV98-322, in Johnstone Shire, which were valued at $76,000 and $86,000 respectively. The appellants estimated the values to be $63,000 and $72,000 respectively. The court was required to decide whether the valuations were accurate and if the amalgamation of the two parcels into one valuation was justified under the Valuation of Land Act 1944.

The court found that the chief executive had not directed otherwise, and thus the parcels were required to be included in one valuation as per s.34(1)(a) of the Valuation of Land Act 1944. The court heard evidence from both parties, including the valuer employed by the chief executive, Mr ML Donnelly, and the appellants' evidence led through Mr Holder. The court considered factors such as the nature of the country, access, soil types, and the highest and best use of the land.

After considering the evidence, the court decided to adopt an unimproved valuation of $700 per hectare overall for the subject land, resulting in a valuation of $140,000 as at 1 October 1997. The court allowed the appeals and ordered the several parcels of land to be included in one valuation.

Orders:

1. The appeals are allowed.
2. By consent, it is ordered that, pursuant to sub-s.(1)(a) of s.34 of the Valuation of Land Act 1944, the several parcels of land subject of the valuations appealed against be included in one valuation.
3. The one valuation of the unimproved value of those several parcels is determined in the rounded amount of One Hundred and Forty Thousand Dollars ($140,000) as at 1 October 1997.