Nucifora v Valuer-General

[2013] QLC 19

LAND COURT OF QUEENSLAND

CITATION:

Nucifora v Valuer-General [2013] QLC 19

PARTIES:

Salvatore Nucifora & Albina Nucifora

(Appellants)

v

Valuer-General
(Respondent)

FILE NO:

LVA312-11

DIVISION:

General Division

PROCEEDINGS:

An Appeal against valuation under the Land Valuation Act

DELIVERED ON:

6 May 2013

DELIVERED AT:

Cairns

HEARD AT:

Cairns

MEMBER:

His Honour, Mr WL Cochrane

ORDERS:

1.    The appeal is dismissed.

CATCHWORDS:

Statutory valuation –– Land Valuation Act 2010 - unimproved value – improved land – farming land - presumption of correctness – evidentiary onus.

Pajares v State of Queensland [2003] QLC 0044
Lawson v Valuer-General [2012] QLC 0027

APPEARANCES:

Mr S Nucifora, in person for the appellants.
Mr GJ Smith, for the respondent.

Background

1. This is the decision in an appeal against the valuation of the Valuer-General in respect of land located at 410 Walter Lever Estate Road via Silkwood in the Cassowary Coast Regional Council area of far north Queensland. 

2. The land is otherwise described as Lots 7 and 8 on RP 704848, Lots 2 and 3 on SP 132056 in the Parish of Japoon and Lots 1 and 2 on RP 714693 in the Parish of Mourilyan and has an area of 91.5809 hectares.  The land was valued on 1 October 2010 with a date of effect from 30 June 2011. 

3. The original valuation valued the land at $300,000 but on 9 August 2011 the Valuer-General notified the Nucifora’s that as a consequence of an objection against valuation the objection had been allowed and the valuation had been altered to $285,000 on the basis that when compared to similar properties the delegate decided a reduction in the valuation should be made.

4. It is against that amended valuation which Mr and Mrs Nucifora bring this appeal.

5. Mr and Mrs Nucifora set out the grounds of appeal in the following terms:

   “Property is situated in super wet tropic between Tully and Babinda.  From 1950 land was improved by substantial underground drainage to become sustainable under modern farming practices.  These underground drains are beginning to fail and to continue farming cane need to be replaced at a cost of approximately (of) $100,000.

   Cane production over the past 10 years has dropped substantially caused by excessive wet years and two category 5 cyclones in 5 years evidenced by production figures supplied rendering the property unsustainable for cane. 

   We believe weather change to be the cause of abnormally wet years accompanied by cyclonic events.  Category 5 cyclones have the effect of substantially reducing production from 3 to 4 years as evidenced by production figures supplied.  In 2010 production was returning to normal but 2010 being a super wet year ending in Yasi 2/2/2011 damaging further damaged crop, destroying totally all sheds and also badly damaging farm machinery.  Farming without sheds comes to a standstill until rebuilt.  The super wet of 2010-2011 and cyclone Yasi has reduced cane crop to less than 82000 tonnes.

   Due to changing weather patterns cane farming is no longer viable on this property.  We are supplying production figures substantiating…