Rosskern Pty Ltd v Chief Executive, Department of Lands; Rosskern Pty Ltd v Chief Executive, Department of Natural Resources

Case

[1997] QLC 159

28 February 1997


Details
AGLC Case Decision Date
Rosskern Pty Ltd v Chief Executive, Department of Lands; Rosskern Pty Ltd v Chief Executive, Department of Natural Resources [1997] QLC 159 [1997] QLC 159 28 February 1997

CaseChat Overview and Summary

Rosskern Pty Ltd, on behalf of a superannuation fund with Michael Patrick Lunney as the sole beneficiary, holds a property at 63 Columbus Drive, Hollywell, Gold Coast. The subject of the appeal is the valuation of this property by the Chief Executive of the Department of Lands and the Department of Natural Resources. For the year 1995, the Chief Executive valued the property at $144,000, whereas Mr Lunney, a director of Rosskern Pty Ltd, contends the valuation should be $118,000. For the year 1996, the Chief Executive valued the property at $134,000, and Mr Lunney argues it should be $108,000. Both parties presented comprehensive evidence, including sales and relativity evidence, but the court found the Chief Executive's valuation method to be balanced and supported by the evidence, affirming the valuations of $144,000 for 1995 and $134,000 for 1996. The court dismissed both appeals.
Details

Areas of Law

  • Property Law

Legal Concepts

  • Adverse Possession

  • Easements & Covenants

  • Unjust Enrichment

  • Compensatory Damages

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