Scholes v Department of Natural Resources and Water
[2007] QLC 86
•11 October 2007
LAND COURT OF QUEENSLAND
CITATION: Scholes v Department of Natural Resources and Water [2007] QLC 0086 PARTIES: Edward Charles and Robin Margaret Scholes
(appellants)v. Chief Executive, Department of Natural Resources and Water
(respondent)FILE NO: AV2006/0019 DIVISION: Land Court of Queensland – General Division PROCEEDINGS: An appeal against an interim valuation. DELIVERED ON: 11 October 2007 DELIVERED AT: Blackall MEMBER: Mr JJ Trickett, President ORDER: The appeal is allowed, the unimproved valuation of the Chief Executive is set aside and the unimproved value of the subject land is determined at Five Hundred and Fifty Thousand Dollars ($550,000). CATCHWORDS: Unimproved value – appeal against an interim valuation –relativity of the valuations - Valuation of Land Act 1944. APPEARANCES: Mr A Boyd, Agent, for the appellants.
Mr W Isdale, of Counsel, Crown Law, for the respondent.
This valuation was required to be made with the issue of a Permit to Occupy to the owners for grazing purposes, which has been amalgamated with the valuation of their property known as "Acacia Downs".
The amalgamated property consists of 10,583.2595 hectares and has been valued by the respondent at $560,000, or $52.91 per hectare. The appellants argue that the valuation should be reduced to $540,000, or $51 per hectare. There is, therefore, very little between the parties.
After considering the written submissions and hearing from the representatives from both parties, it is my view that the valuation should be determined at $550,000.
Order
The appeal is allowed, the unimproved valuation of the Chief Executive is set aside and the unimproved value of the subject land is determined at Five Hundred and Fifty Thousand Dollars ($550,000).
JJ TRICKETT
PRESIDENT OF THE LAND COURT
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