Ruby Duus v Department of Natural Resources, Mines and Energy

Ruby Duus brought an appeal against the Department of Natural Resources, Mines and Energy regarding the valuation of two lots of land. The appeal was heard in the Supreme Court of Queensland, where the primary judge had determined the value of the lots, and the appellant sought to challenge that determination. The central issues in the appeal were whether the sales evidence used to determine the value of the land was appropriate, given the scarcity of comparable sales, and whether the method of valuation employed by the primary judge was correct.

The court examined the sales evidence presented, determining that the scarcity of comparable sales did not render the evidence unusable, as it was comparable to the property in question. The court distinguished the case from Maurici, holding that the evidence was still relevant despite the scarcity. Regarding the method of valuation, the court rejected the average increases method proposed by the appellant and upheld the primary judge's use of a mass appraisal system. The court found that this system was a reliable method of determining the value of the lots in question.

As a result of the appeal, the valuation of the Chief Executive was set aside. The court determined the unimproved value of Lots 4 and 5 on RP 1978 to be Six Hundred and Eighty-Five Thousand Dollars ($685,000). This decision clarifies the appropriate use of sales evidence in land valuation and the acceptable methods of valuation in similar cases.