O'Connor v Valuer-General

[2016] QLC 44

LAND COURT OF QUEENSLAND

CITATION:

O’Connor v Valuer-General [2016] QLC 44

PARTIES:

Daniel James O'Connor & Despina Maria O'Connor
(appellants)

v

Valuer-General
(respondent)

FILE NO:

LVA031-16

DIVISION:

General Division

PROCEEDING:

An appeal against annual valuation.

DELIVERED ON:

3 August 2016

DELIVERED AT:

Brisbane

HEARD ON:

5 & 6 May 2016

HEARD AT:

Brisbane

A/PRESIDENT:

WL Cochrane

ORDERS:

1.     The appeal is dismissed.

CATCHWORDS:

Land Valuation Act 2010

Statutory Valuations - Land Valuation Act 2010 – sales and other basic evidence – best evidence of value.

Statutory Valuations – relativity – vacant or lightly improved sales preferred.

Practice and Procedure – onus of proof – presumption of correctness not carried over to Land Valuation Act 2010 – the test is now “balance of probabilities” – onus on appellant. 

R and MM Barnwell v The Valuer-General (1989) 13 QLCR 13

Body Corporate for Wendall Court & Anor v Valuer-General [2015] QLC 16

BWP Management Limited v Valuer-General [2014] QLC 3

Chief Executive, Department of Natural Resources v Radlett Enterprises Pty Ltd (1997-98) 18 QLCR 397

Farr v Valuer-General [2012] QLC 64

Hans and Else Grahn v Valuer-General (1992-93) 14 QLCR 327

Ladewig v Department of Natural Resources, Mines and Water [2007] QLC 47

Lawson v Valuer-General [2012] QLC 27

Musumeci v Valuer-General [2014] QLC 15

Spencer v The Commonwealth (1907) 5 CLR 418

Steers v Valuer-General [2012] QLC 12

APPEARANCES:

Mr DJ O'Connor self-represented for the appellants.

Ms R Harding of Counsel for the respondent.

Background

1. This decision relates to an appeal by the appellants Daniel James & Despina Maria O'Connor against a valuation by the respondent, the Valuer-General, pursuant to the Land Valuation Act 2010 (the LVA), which valued the appellants’ property situated at 24 Rowallan Close at Westlake, a western suburb of Brisbane with many river and lakeside properties.

2. The subject land is a wedge-shaped block of low-density residential land with an area of 860m². 

3. The subject lot has a 10.7m frontage, the rear southern (boundary) measures 29.59m and shares a side (eastern) boundary of 29.6m which adjoins a public path.[1]

   [1]            Exhibit 1, p 3 para 24.

4. The land is generally level at approximately 18m AHD at the front of the site and at the rear.  It is located about 170m from the Brisbane River and did not flood in the 2011 flood event being 2 to 4m above the flood-water height.[2] 

   [2]            Exhibit 1, p 3, para 25.

5. Rowallan Close is a short bitumen-sealed no-through-road with concrete kerb and channelling.  It is accessed via Wendouree Crescent, a local through road.

6. On the subject land is a large two-storey brick and tile house which was apparently built in the late 1990s.  All the adjoining and nearby houses in the whole of Rowallan Close are of a similar standard and are very well-maintained. 

7. The land is not far from the Pullen Reach of the Brisbane River but itself did not flood during the 2011 flooding event which devastated much of this area.

8. All of the standard suburban services…