Re Sullivan

The case of Re Sullivan involved Mr. and Mrs. Sullivan, who applied for the conversion of tenure of their Grazing Homestead Perpetual Lease No. 36/7925. The application was lodged with the Department of Lands on 16 June 1992. The primary dispute was the determination of the unimproved value of the land, which was described as Lot 36 on Plan WV844, Parish of Spowers, and contained an area of 883.608 hectares. The land was situated in the Mt. Abundance locality, approximately 37 kilometers southwest of Roma. The Sullivans contested the registered valuer's assessment of the unimproved value, seeking a lower valuation.

The court had to determine the appropriate unimproved value of the land, which was critical for the conversion of tenure. The lessees argued that the valuation of $120 per hectare provided by Mr. T.E. Herberts, a registered valuer employed by the Department, was excessive due to the land's heavily timbered, undulating terrain and shallow soils. They claimed that extensive contouring and timber clearing had cost over $250 per hectare, rendering the land inferior to surrounding blocks. Additionally, they highlighted the risks associated with the depth of the underground water and the potential impact of a successful Native Title claim on the market value of the land. The Sullivans proposed an alternative valuation of $102 per hectare.

The court examined the basis of Mr. Herberts' valuation, which relied on comparable sales of properties "Amaroo" and "South Westgrove." The court found that while "Amaroo" was reasonably similar to the subject land, "South Westgrove" was not a suitable comparison due to its larger size, inferior country, location, and access. The court acknowledged the challenges in finding relevant sales evidence in the Mt. Abundance area but concluded that Mr. Herberts had exercised a conservative approach in his valuation. The court was not persuaded that Mr. Herberts' assessment should be disturbed, affirming the unimproved value of One Hundred and Twenty Dollars ($120) per hectare as at 16 June 1992.

The court's determination was that the unimproved value of the land contained in GHPL 36/7925, Roma District, is One Hundred and Twenty Dollars ($120) per hectare as at 16 June 1992. The court upheld the valuation provided by the registered valuer despite the lessees' objections and criticisms.