Macefoil Pty Ltd v Chief Executive, Department of Lands

In the matter of Macefoil Pty Ltd and Robsan Investments Pty Ltd v Chief Executive, Department of Lands, the Land Court was tasked with determining the appropriate unimproved value of a parcel of land located in Gladstone, Queensland. The respondents contested the Chief Executive's valuation of the land at $177,500 as of 1 January 1995, arguing that it was unsupported by unimproved land sales or analyzed improved sales evidence, not in relativity with other applied values, did not consider the land's disadvantages and disabilities, and that the percentage increase applied was unrealistic. The respondents contended for a valuation of $135,000.

The court considered the legal principles applicable to land valuation, emphasizing the importance of relativity between valuations, the use of sales of vacant or lightly improved parcels of land as the best basis for assessment, and the presumption of correctness under Section 33 of the Valuation of Land Act 1944. The court examined the evidence of sales of unimproved and improved land, noting that while there was some disagreement between the parties' valuers, the sales evidence supported the Chief Executive's valuation. The court also considered the disadvantages and disabilities of the land, finding no evidence to support the respondents' claims.

The court found that the appellants had not proven that the Chief Executive acted upon a wrong principle, made a serious error of fact, or used a fundamentally erroneous method. As such, the appeal was dismissed, and the Chief Executive's valuation of $150,000 was affirmed. The court emphasized the imprecision of the art of valuation and the importance of considering sales evidence when determining land value.