Schokman v Chief Executive, Department of Natural Resources

Vincent R and Carol G Schokman, owners of land used for a retirement village, contested the Chief Executive’s valuation of $575,000.00 for their property at Ashmore on the Gold Coast. The appeal, brought under the Valuation of Land Act 1944, was based on three grounds: the flooding of the entire premises, extensive fill undertaken, and the removal of unsuitable fill on an earlier excavation. The Land Court allowed the appellants to lead evidence to a lower figure than that stated in their notice of appeal, and considered whether sufficient consideration was given to the effect of flooding, the value of fill, and the removal of unsuitable fill in determining the unimproved value of the land. The court found that the valuation methodology used by the Chief Executive, a direct comparison with comparable parcels of land, was the more reliable primary method of valuation in this case. While the Chief Executive had made a substantial allowance for the site’s disabilities, particularly its susceptibility to flooding, the court determined that he did not make sufficient allowance for the need to remove soil and import fill in its place. Consequently, the court upheld the appeal, set aside the Chief Executive’s valuation, and determined the unimproved value of the subject land as at 1 October 1996 to be five hundred and twenty-five thousand dollars ($525,000.00).