Kennedy v Chief Executive, Department of Natural Resources

Blanche E Kennedy appealed against the determination by the Chief Executive of unimproved values for four parcels of land located in North Ward, Townsville. The Chief Executive had assessed the unimproved values as of 1 October 1996 for these parcels of land. The appellant's dissatisfaction with the valuations led to the filing of appeals, with the appellant seeking lower valuations for the respective properties. The appellant, represented by counsel, did not call valuation evidence but submitted an affidavit containing various documents, including an unsworn statement from Duncan Alexander Robert Kennedy. The primary concern raised by Mr Kennedy was the potential for inundation due to future tidal surges and the difficulty in securing insurance against such events.

The central legal issue was whether the unimproved values determined by the Chief Executive were correct. Given the absence of valuation evidence from the appellant, the court needed to determine if the appeals could proceed based on the unsworn statement and other documents submitted. The court also had to consider whether the concerns about tidal surges and insurance could affect the valuation of the properties.

The court held that the appeals must be dismissed as there was no valuation or sworn evidence presented by the appellant to support their claims. The court emphasised that under section 45(4) of the Valuation of Land Act 1944, the burden of proof lies with the property owner in such appeals. The unsworn statement, while admitted, did not satisfy the legal requirements for evidence in this context. Consequently, the court affirmed the Chief Executive's valuations for all four parcels of land.

In conclusion, the appeals were dismissed, and the determinations of unimproved values made by the Chief Executive were upheld. The specific valuations affirmed were $140,000 for Lot 5 on Plan T118261, $110,000 for Lot 2 on RP 735078, $110,000 for Lot 1 on RP 735078, and $90,000 for Lot 54 on Plan T118160.