Marshall v Minister for Lands

Kerrie Dean Marshall, the lessee of Special Lease No 35/38401 in the Rockhampton District, applied for the conversion of tenure of the land to fee simple, with the relevant date being 14 March 1994. The Minister for Lands determined the unimproved value of the land at $4,500, but Marshall requested that the Land Court determine the unimproved value. Marshall argued that the subject land had only a small usable area, with the balance falling steeply into a gully, and that the land should be valued at $2,900. The Minister for Lands, represented by Mr AW White, a registered valuer, argued that the subject land had a good building contour, reasonable aspect and elevation, and good views of the Mount Morgan mine and surrounding residential development. The court was required to decide the unimproved value of the land for the purposes of conversion of tenure.

The court considered the evidence of Mr Marshall and Mr White, and found that the most comparable sale was Sale No. 3, which was situated in River Parade, had an area of 721 square metres, and sold in May 1994 for $3,500. The court found that the subject land was similar in size and had superior elevation and building contour, but that the majority of the town blocks were lower. The court found that the unimproved value of the subject land was $3,500.

The court determined the unimproved value for Special Lease No 35/38401, Rockhampton District, for the purposes of conversion of tenure is $3,500.