Scott v Valuer-General (No. 2)

[2013] QLC 22

LAND COURT OF QUEENSLAND

CITATION:

Scott v Valuer-General (No. 2) [2013] QLC 22

PARTIES:

Walter Scott and Agnes Georgina Scott
(appellants)

v.

Valuer-General
(respondent)

FILE NO:

VLA220-10

DIVISION:

Land Court of Queensland

PROCEEDING:

Appeal against annual valuation under Valuation of Land Act 1944

DELIVERED ON:

21 May 2013

DELIVERED AT:

Brisbane

HEARD ON:

6 and 7 February 2012, 27 March 2012; 28 November 2012

HEARD AT:

Nanango and Brisbane

MEMBER:

PA Smith

ORDER:

The appeal is dismissed.

CATCHWORDS:

Valuation – Factors in valuation – relativity – Presumption in favour of correctness of valuation – Valuation of Land Act 1944
Valuation – Valuation Evidence – Sale of unimproved or lightly improved comparable properties the best evidence – market valuations falling well outside the valuation period of little assistance

Land Valuation Act 2010
Valuation of Land Act 1944
Vegetation Management Act 1999

APPEARANCES:

Mr Peter Douglas Scott represented the appellants
Ms Lyndi Hawkings-Guy, Principal Lawyer and Mrs Thea Johnson, for the respondent

1. This is an appeal by the appellants against a valuation by the respondent, pursuant to the Valuation of Land Act 1944 (VLA) which valued the appellants’ property situated at 110 Haynes Kite Millar Road, Blackbutt in the sum of $285,000 as at 1 October 2009. The appellants contended for a valuation of $117,028.

2. The land has a total area of 94.72 ha and is comprised of two lots, being Lot 112 on Plan CSH1676 and Lot 113 on Plan CSHS542. The subject property is located approximately 3 km south south west of Blackbutt. Access is via sealed, earth and gravel roads. For most of the year the access is good, however problems can be encountered in adverse weather conditions. While electricity and telephone are available to the property, there are no town water supplies, garbage collection or mail delivery.

3. Blackbutt is a relatively small rural township providing basic services including churches, hotel, service stations, primary school and limited retail shopping and offices. The subject property is mostly cleared open forest grazing with an agricultural scrub influence. The subject is used for grazing cattle. The vegetation management issues pursuant to the Vegetation Management Act 1999 impact 8.7 percent of the land. The land is zoned rural.

4. The appellants[1] were represented by their son, Mr Peter Scott, who gave evidence at the hearing. They also called evidence from a registered valuer, Mr Bradley Volp. Mr Peter Scott has no legal or valuation qualifications. The respondent was represented by Ms L Hawkins-Guy and Mrs T Johnson, both legal officers employed by the respondent, and relied on evidence of a registered valuer, Mr Peter Mariner. As part of the hearing, which was held in Nanango and Brisbane, a view was undertaken of the subject property and other properties referred to in the evidence.

   [1]     Tragically, during the course of the hearing of this matter, the appellant Walter Scott passed away.

Relevant legislative provisions

1. Pursuant to s.13 of the VLA, the respondent is required to determine the unimproved value of the land. Relevantly, s.3(1) of…