Kersh v Chief Executive, Department of Lands
Case
•
[1994] QLC 47
•24 August 1994
Details
AGLC
Case
Decision Date
Kersh v Chief Executive, Department of Lands [1994] QLC 47
[1994] QLC 47
24 August 1994
CaseChat Overview and Summary
The case of Kersh v Chief Executive, Department of Lands involved the determination of unimproved values for conversion of tenure purposes of two leases held by JC and NV Kersh. The leases in question were GHPL 23/16439 ("Dimora") and GHPL 23/16440 ("Bora"), located in the Hughenden District. The Crown sought to determine these values for conversion purposes as at a relevant date of 19 August, 1988. The lessees, JC and NV Kersh, contested the Crown's assessment, arguing that the values were too low given the properties' conditions and the market conditions at the time.
The legal issues before the court were whether the Crown's determination of unimproved values for the leases was accurate and reasonable. The court had to consider the evidence presented by the Crown, specifically from the Departmental Registered Valuer, Luke Robert Croton, and the objections raised by the lessees regarding the properties' conditions and the sales used for comparison. The court also needed to address the lessees' concerns about the delay in processing the conversion application and the impact of market fluctuations on the property values.
The court, after considering the evidence and arguments, concluded that the Crown's determination of unimproved values was not excessive or unreasonable. The valuer, Mr Croton, had taken into account the properties' specific conditions, including flooding issues and stock routes, and had compared them with other properties in the district. The court accepted the valuer's assessment, supported by the sales evidence and the unimproved value accepted by the lessee of another property, "Runnymede". The court found that the values were appropriate for the relevant date, which was during a period when the market for grazing properties in the area was strong.
The court ordered that the unimproved value of GHPL 23/16439 ("Dimora") be determined at $11 per hectare and that the unimproved value of GHPL 23/16440 ("Bora") be determined at $13.50 per hectare for conversion of tenure purposes.
The legal issues before the court were whether the Crown's determination of unimproved values for the leases was accurate and reasonable. The court had to consider the evidence presented by the Crown, specifically from the Departmental Registered Valuer, Luke Robert Croton, and the objections raised by the lessees regarding the properties' conditions and the sales used for comparison. The court also needed to address the lessees' concerns about the delay in processing the conversion application and the impact of market fluctuations on the property values.
The court, after considering the evidence and arguments, concluded that the Crown's determination of unimproved values was not excessive or unreasonable. The valuer, Mr Croton, had taken into account the properties' specific conditions, including flooding issues and stock routes, and had compared them with other properties in the district. The court accepted the valuer's assessment, supported by the sales evidence and the unimproved value accepted by the lessee of another property, "Runnymede". The court found that the values were appropriate for the relevant date, which was during a period when the market for grazing properties in the area was strong.
The court ordered that the unimproved value of GHPL 23/16439 ("Dimora") be determined at $11 per hectare and that the unimproved value of GHPL 23/16440 ("Bora") be determined at $13.50 per hectare for conversion of tenure purposes.
Details
Key Legal Topics
Areas of Law
-
Property Law
Legal Concepts
-
Unimproved Value
-
Conversion of Tenure
-
Valuation
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0