Jenkins v Chief Executive, Department of Natural Resources

Faye Jenkins has appealed against the valuation of her property at 25 Campbell Street, Bowen Hills, Brisbane, arguing that the unimproved value of the land should be $330,000, rather than the $385,000 set by the Chief Executive of the Department of Natural Resources. The court needed to determine whether the Chief Executive's valuation was accurate, particularly considering the unimproved value and the relativity of the subject land compared to other parcels in the vicinity.

The court reviewed the evidence provided by both parties, focusing on the use of the site, relativity, and comparison of sales. Jenkins argued that the valuation applied an inconsistent relativity compared to other properties, while the Chief Executive, represented by Mr Kirby, maintained that the valuation was based on the best evidence available and was in line with established valuation principles. The court assessed the merits of each argument, considering the exposure to traffic, zoning, and the potential impact of nearby developments such as the City/Valley Bypass Road.

The court concluded that Mr Kirby's valuation method, which relied on comparing sales of vacant or lightly-improved parcels, was appropriate and in line with legal precedent. The court also found that Jenkins had not provided sufficient evidence to discredit Mr Kirby's valuation or his approach. The court noted that while the onus was on Jenkins to prove that the unimproved value was incorrect, she had not met this burden.

The court dismissed Jenkins' appeal, affirming the unimproved value of the land as $385,000. The decision highlights the importance of the valuer's expertise and the need for the appellant to provide compelling evidence to successfully challenge a Chief Executive's valuation.