Scougall v Chief Executive, Department of Natural Resources

Raymond J Scougall has appealed against the unimproved values applied by the Chief Executive, Department of Natural Resources, for the same parcel of land for two successive valuation periods. The land, situated at 32 Leeson Street, Boondall, was valued by the respondent as at 1 October 1998 at $58,000 and as at 1 October 1999 at $61,000. Mr Scougall unsuccessfully objected against those valuations and subsequently appealed to the Land Court against the respondent's decision disallowing each of the objections. In each case he contended that the unimproved value should have been $53,000. The court had to decide whether the respondent acted capriciously in altering the established relativity with no foundation and whether there were serious errors of fact made in making the valuations.

The court found that the respondent was entitled to alter the relativity of values in the area and was not acting capriciously in doing so. The court also found that the errors made by the respondent's valuer did not amount to serious errors of fact. Therefore, the unimproved value of $58,000 applied to the subject land as at 1 October 1998 must stand. However, in respect of appeal AV00-186, the appeal was allowed, the valuation of the respondent was set aside, and the unimproved value of the subject land as at 1 October 1999 was reduced to Fifty-eight Thousand Dollars ($58,000).