Landel Pty Ltd and Lakes Investments Pty Ltd v Chief Executive, Department of Natural Resources and Mines

[2002] QLAC 72

LAND APPEAL COURT OF QUEENSLAND

CITATION: Landel Pty Ltd and Lakes Investments Pty Ltd v. Department of Natural Resources and Mines   [2002] QLAC 72

PARTIES:Landel Pty Ltd as Trustee and Lakes Investments Pty Ltd as Trustee for Lakes Unit Trust

(applicants)
  v

Chief Executive, Department of Natural Resources and Mines

(respondent)

FILE NOS:  LAC2002/0032

DIVISION:   Land Appeal Court of Queensland

PROCEEDING:  Appeals from determinations of the Land Court of unimproved valuations under the Valuation of Land Act 1944

ORIGINATING COURT:            Land Court of Queensland

DELIVERED ON:  6 December 2002

DELIVERED AT:   Townsville

HEARD AT:   Townsville 

JUDGE:  Cullinane J
                 MEMBERS:  Mr RE Wenck; Mrs CAC MacDonald

ORDER:1.   The appeals by Landel Pty Ltd from the Land Court determinations of the unimproved value of Lots 135 and 136 on SP 116240 and Lot 38 on RP 893501, as at 1 October 1999 are allowed, the Land Court determinations set aside and the unimproved valuations determined as follows:

Lot 135 on SP 116240        $446,000

Lot 136 on SP 116240        $416,000

Lot 38 on RP 893501         $117,000

1. In the judgment delivered on 12 September 2002, it was ordered that appeals from the Land Court determinations of the unimproved value of Lot 136 on SP 116240 and Lot 38 on RP 893501 as at 1 October 1999 be allowed and the unimproved valuations determined in the amounts of $415,000 and $87,000 respectively.

2. There were clerical mistakes resulting from accidental slips in the calculation of those amounts, at para [77] of the judgment.

3. The correct amounts are $416,000 and $117,000 respectively, calculated as follows:

   Lot 136 –

Filled as adopted to RL 3.5  $755,500

Less:

Cost and added value of fill at date of valuation:

18,600 m³ @ $15.46/m³   $287,556

Windsor Link Wall  $12,141

Revetment Wall  $31,930

$331,627
  Interest on 50% of development cost
  for two months @ 6.5%  $1,796
  Administration and overheads  $1,000        $334,423
  $421,077
  Less:
  Rates and Land Tax  $550
  $420,527
  Less:
  Interest on net unimproved value for two
  months @ 6.5%  $4,506
                 Net Unimproved Value  $416,021
  Rounded to  $416,000

Lot 38 –

Filled as adopted to RL 3.5  $206,000

Less:

Cost and added value of fill at date of valuation:

5000 m³ @ $15.46/m³  $77,300

Retaining Wall  $10,000

$87,300

Interest on 50% of development cost

for one month @ 6.5%  $236

Administration and overheads  $500          $88,036

$117,864

Less:

Rates and Land Tax  $100

$117,864

Less:

Interest on net unimproved value

for one month @ 6.5%  $635

$117,229

Rounded to$117,000

Order

To correct the mistakes the following Order is substituted for Order 1 in the judgment delivered on 12 September 2002.

Order 1

The appeals by Landel Pty Ltd from the Land Court determinations of the unimproved value of Lots 135 and 136 on SP 116240 and Lot 38 on RP 893501, as at 1 October 1999 are allowed, the Land Court determinations set aside and the unimproved valuations determined as follows:

Lot 135 on SP 116240  $446,000

Lot 136 on SP 116240  $416,000

Lot 38 on RP 893501  $117,000

CULLINANE J

JUSTICE OF THE SUPREME COURT

RE WENCK

MEMBER OF THE LAND COURT

CAC MacDONALD

MEMBER OF THE LAND COURT