Perpetual Trustee Company Limited v Department of Natural Resources, Mines and Water

Perpetual Trustee Company Limited sought to appeal the unimproved value of certain land as determined by the Department of Natural Resources, Mines and Water under the Valuation of Land Act 1944. The case was heard in the Queensland Land Appeal Court. The central dispute revolved around the statutory presumption of correctness in favour of the Department's valuations, the obligations of expert witnesses to ensure all relevant matters were addressed in their reports, and the admissibility of evidence regarding comparable sales and the reliability of heavily improved sales when assessing unimproved value. The court was also tasked with considering the difficulties associated with valuing heavily improved land under the Act.

The court had to decide whether the appellant successfully discharged the onus of proving the unimproved value was incorrectly assessed. It also needed to determine the admissibility of evidence concerning matters not directly raised in the grounds of appeal, particularly in relation to comparable sales and the reliability of heavily improved sales. The court examined the obligations of expert witnesses in ensuring all relevant matters were covered in their reports and considered the potential difficulties associated with the valuation of heavily improved land under the Act.

In addressing these issues, the court found that the appellant had not discharged the onus of proving the unimproved value was incorrectly assessed. The court held that the statutory presumption of correctness in favour of the Department's valuations remained intact. The court also ruled that evidence about matters not directly raised in the grounds of appeal was inadmissible. Regarding comparable sales, the court determined that the reliability of heavily improved sales could be considered, but only to the extent they were relevant to assessing the unimproved value. The court further found that the appellant's expert witness had not adequately addressed all relevant matters in their report.

The court dismissed Appeal AV2004/0154 and confirmed the unimproved value of Lot 10 on SP 151098 Parish of North Brisbane as at 1 October 2001 at Eight Million, Seven Hundred Thousand Dollars ($8,700,000). However, it allowed Appeal AV2004/0155 and set the unimproved value of the same lot as at 1 October 2002 at Eight Million, Seven Hundred Thousand Dollars ($8,700,000).