Pickers (Cairns) Camping and Canvas Pty Ltd v Minister for Lands

The case of Pickers (Cairns) Camping and Canvas Pty Ltd v Minister for Lands pertains to the determination of the unimproved value of Special Lease 09/51321 located in the Cairns District, for the purpose of converting its tenure to freehold. The lessee, Pickers (Cairns) Camping and Canvas Pty Ltd, challenged the Crown's assessment of the land's value, which was set at $285,000. The land, zoned for heavy industry, is situated at 18 Redden Street, Portsmith, and covers an area of 4066 square meters. The lessee's owner/manager, Peter Frederick Leitner, provided evidence about the land's condition, including its fill composition and the industrial building constructed on the site. The Crown's valuation was contested by two registered valuers, with the lessee's valuer, Kevin Francis Malone, assessing the land at $245,000 and the Crown's valuer, Patrick Francis Goodman-Jones, valuing it at $285,000. The Land Court had to decide the appropriate unimproved value of the land, considering the conflicting expert evidence.

The primary legal issue before the court was to determine the unimproved value of the subject land, SL09/51321, for the purpose of converting its tenure to freehold. This involved assessing the credibility and reasoning of the expert evidence provided by the lessee's and the Crown's registered valuers. The court needed to weigh the factors such as the site's location, condition, fill quality, market conditions, and comparable sales to arrive at a fair and reasonable value. The court also had to consider the specific characteristics of the land, including its fill composition and its impact on the cost of building a suitable industrial structure.

After evaluating the evidence presented by both parties, the court concluded that the unimproved value of the subject land should be determined at $264,000. This valuation took into account the inferior quality of the fill and its salty nature. The court considered the arguments and evidence from both registered valuers, ultimately finding that a value of $65 per square meter was reasonable under the circumstances. This decision was based on the court's assessment of the site's condition, market conditions, and the expert opinions provided.

The court ordered that the unimproved value of Special Lease 09/51321, Cairns District, be determined in the sum of $264,000 for the purpose of converting its tenure to freehold. This decision reflected the court's careful consideration of the evidence and the factors relevant to the valuation of the subject land.