Marshall v Chief Executive, Department of Lands

John F Marshall and Janice M Marshall appealed against the valuations of Lots 4 and 5 on RP 175396 in the parish of Burpengary, which were determined by the Chief Executive of the Department of Lands to be $72,000 each for the purposes of the Annual Valuation of the Area as at 30 June 1993. The appellants argued that the land was situated on a floodplain and was subject to regular flooding, which made it undesirable for residential use. They contended that too much emphasis was placed on Burpengary land price increases without taking sufficient notice of the special disadvantages of the property. They further argued that the valuer did not adequately take into account the easement for access for the owners of Lot 2 and Lot 3, the overflow channel for the large dam shared by Lots 5 and 6, and the fact that Lot 4 and Lot 5 were lower than an equally sized nearby property (Lot 6). The court had to decide whether the valuations were correct and whether the appellants' arguments were valid.

The court found that the reasoning of the Department of Lands was correct in law and that the valuer had appropriately taken into account the permitted development on the lots. The court also found that the valuer had used sales of four parcels of land improved with clearing only for purposes of direct comparison with the subject lots, which was appropriate. The court preferred the evidence of Mr Lucas, the valuer employed by the Department of Lands, over Mr Jackson, the valuer employed by the appellants, as Mr Jackson had not approached the valuation in terms of the relevant legislation. The court found that the applied values were not wrong and dismissed the appeals.

The court affirmed the decisions of the Chief Executive of the Department of Lands and dismissed the appeals of John F Marshall and Janice M Marshall.