Linwar Pty Ltd as Trustee for 89 Goondoon Street Unit Trust v Chief Executive, Department of Natural Resources

Case

[2000] QLC 37

28 June 2000


Details
AGLC Case Decision Date
Linwar Pty Ltd as Trustee for 89 Goondoon Street Unit Trust v Chief Executive, Department of Natural Resources [2000] QLC 37 [2000] QLC 37 28 June 2000

CaseChat Overview and Summary

Linwar Pty Ltd as Trustee for 89 Goondoon Street Unit Trust sought to appeal the annual valuation of their property, located in Gladstone, Queensland. The Chief Executive of the Department of Natural Resources had valued the property at $202,500, and the appellant claimed the unimproved value should be $158,000. The appeal hinged on the impact of the Gladstone Mall on the property's value, comparison of sales, relativity, and changes in the market. The Land Court examined the evidence provided by both parties, including expert opinions, and considered the impact of the Mall, the comparison of sales, relativity, and market changes. The Court found that the Mall's impact on the property's value was not as significant as the appellant argued, and the comparison of sales provided limited assistance. However, the Court found that the relativity of the subject land to the adjoining property of 95 Goondoon Street suggested an unimproved value between $178,000 and $200,000. Considering all the evidence, the Court determined the unimproved value of the subject land to be $190,000 and set aside the Chief Executive's valuation.
Details

Areas of Law

  • Property Law

  • Civil Litigation & Procedure

Legal Concepts

  • Unimproved Value

  • Comparison of Sales

  • Relativity

  • Limitation Periods