Lim & Teoh v Chief Executive, Department of Natural Resources

Cheng Jin Lim and Sally Teoh appealed against the valuation of their residential property at 25 Tasman Street, Stafford Heights, Brisbane, arguing that the unimproved value of the land should be set at $60,000. The Chief Executive, Department of Natural Resources had previously set the valuation at $63,000. The court needed to consider whether the valuer's method of valuation was appropriate and whether the appellants had proved that the valuation was incorrect. The court had to consider the impact of factors such as traffic noise, lighting from a nearby shopping centre, and parking difficulties, and whether the percentage increase in valuation was appropriate given the downturn in the property market.

The court found that the valuer had appropriately considered the factors raised by the appellants in his valuation, and that the method of comparing the subject property with comparable sales was sound. The court also found that the appellants had not proved their case, as the evidence showed that the average sale price of vacant sites had actually increased slightly during the relevant period, and that the valuer's method of valuation was in line with previous court decisions. The court affirmed the determination of the Chief Executive, setting the unimproved value of the land at $63,000.

The final orders of the court were that the appeal of Cheng Jin Lim and Sally Teoh be dismissed and the determination of the Chief Executive be affirmed. The court found that the appellants had not proved that the valuation of the land was incorrect, and that the valuer had made due allowance for all matters raised by the appellants. The court suggested that the appellants may have been better served if they had discussed the matters fully with the valuer, and if the valuation process had been fully explained to them.