Rajkovic v Valuer-General

In the case of Rajkovic v Valuer-General, the appellants, Anton and Jelena Rajkovic, appealed against the valuation of their land by the Valuer-General under the Land Valuation Act 2010. The land in question was located in the Local Government Area of the Southern Downs Regional Council and was valued at $110,000 as at 1 October 2011. The appellants contested the valuation, submitting that the unimproved value of the land should be $55,000. They cited various factors affecting the value of the land, including its swampy nature, drainage issues, proximity to a high-voltage power line, and noise pollution from nearby roads and a railway line. The legal issues involved determining the appropriate method of valuation, the relevance of evidence presented by the appellants, and the evidentiary value of the valuer's report.

The court found that while the valuer's evidence should be accorded considerable weight, it was not immune from challenge if it lacked rational explanation or failed to take into account relevant facts. The court accepted the appellants' evidence regarding the impact of water on the land and its drainage characteristics. The court found that the valuer had failed to give sufficient weight to these factors and had overstated the value of the land. Considering all the detriments attributable to the land, the court determined that the unimproved value of the subject property should be fixed at $90,000 as at 1 October 2011, effective from 30 June 2012. The appeal was allowed, and the unimproved value was fixed accordingly.