Mellick & Oakden Investments Pty Ltd v Chief Executive, Department of Natural Resources

In the Land Court of Queensland, Mellick & Oakden Investments Pty Ltd appealed against the Chief Executive, Department of Natural Resources' determination of the unimproved values of several parcels of land. The parcels in question were situated on Samsonvale Road, Old North Road, and Everest Street, in Warner. The court was required to decide on the validity of the unimproved values as determined by the Chief Executive. The key legal issue was whether the Chief Executive's determination of the unimproved values was supported by evidence.

The court examined the evidence provided by both parties, including the evidence from the valuers and the engineers. The court found that the unimproved value of the subject land as sound land was $45 per square metre, as assessed by the Chief Executive, was supported by the evidence presented by both valuers. The court also accepted the submission by the respondent that the evidence of sales by Oakden Pty Ltd of certain lots during the calendar year of 1996 constituted evidence which supported the Chief Executive's opinion that the unimproved values had increased since 1 January 1996.

Based on the evidence, the court determined that the unimproved value of Lots 22, 34 and 46 as at the relevant dates of 1 October 1996 and 1 October 1997 was $20 per square metre. The appeals were allowed, and the determinations of the Chief Executive were set aside. The unimproved values of the parcels of land were then determined by the court.

In conclusion, the court found that the Chief Executive's determination of the unimproved values was supported by evidence and therefore valid. The appeals against the determinations were dismissed, and new unimproved values were determined by the court.