Marvella Pty Ltd v Chief Executive, Department of Natural Resources

Marvella Pty Ltd has appealed the determination of unimproved values of two parcels of land in Brisbane's Central Business District, one at 555 Queen Street and the other at 490 Adelaide Street, for the valuation date of 1 October 1996. The appeals were heard together in the Land Court of Brisbane, with Lionel Bruce Johnston, a practising Registered Valuer, providing expert evidence on behalf of Marvella. The Chief Executive of the Department of Natural Resources was represented by George William Lindberg, another Registered Valuer, who supported the original valuations made by Ian Robert Smith.

The primary legal issues before the court were whether the valuations of the unimproved land values for the two properties were excessive, based on the evidence presented by both parties. Marvella argued that the valuations were too high and provided alternative valuations based on comparable sales of nearby properties. The Chief Executive defended the valuations, asserting that they were appropriate based on the evidence and circumstances of the properties.

The court considered the evidence from both valuers, including the comparable sales data and the specific characteristics of each property. Mr. Johnston argued that the properties had limited water views due to nearby buildings and faced access difficulties, making them less valuable than the Chief Executive's valuations suggested. Mr. Lindberg, on the other hand, maintained that the properties had satisfactory access and commercial potential, justifying the higher valuations. The court found that the properties did possess more commercial character than some of the comparators used by Mr. Johnston, particularly those in Ann Street which were primarily residential. However, the court also found that the original valuations were marginally excessive.

The court decided that the unimproved value of the property at 555 Queen Street should be set at $1,050 per square metre, totalling $1,350,000, and for the property at 490 Adelaide Street, the unimproved value should be set at $900 per square metre, totalling $475,000. This decision adjusted the valuations to reflect the properties' commercial potential while considering the specific limitations and access issues highlighted by Mr. Johnston. Consequently, the appeals were allowed, and the Chief Executive's original valuations were set aside in favour of the adjusted determinations.