Morris v Department of Natural Resources and Water

In the case of Morris v Department of Natural Resources and Water, the appellant contested the unimproved value of two lots of land, Lots 9 and 10, located in the Parish of Toombul, County of Stanley. The appellant sought a revaluation of the land, arguing that it was unsuitable for residential purposes due to the presence of a large fig tree, which was subject to a Vegetation Protection Order (VPO). The court was required to determine the impact of the VPO on the land's suitability for residential use and its effect on the value of the property.

The primary legal issue the court had to address was whether the VPO significantly restricted the use of the land, thereby reducing its value. This involved assessing the impact of the VPO on the land's suitability for residential development and its amenity value. Additionally, the court had to consider the reliability of expert evidence presented by the parties, particularly the evidence of a deceased expert whose conclusions were consistent with non-expert evidence.

The court found that the VPO did impose significant restrictions on the use of the land, particularly affecting its potential for residential development. However, the court also noted that the land remained suitable for residential purposes, albeit with some limitations. The court allowed the appeal and revalued the land, taking into account the restrictions imposed by the VPO. The court determined that a 25% allowance was appropriate to reflect the impact of the VPO on the land's value.

The final orders of the court determined the unimproved value of Lots 9 and 10 as at 1 October 2006 to be $1,240,000 and as at 1 October 2007 to be $1,310,000. The court allowed the appeals, setting the unimproved values at these amounts, reflecting the impact of the VPO on the land's value.