Singh & Leng v Chief Executive, Department of Natural Resources

In the Land Court, the appellants, Manjit Singh and Chew Lai Leng, appealed the annual valuation of Garden Island, Moreton Bay, issued by the Chief Executive, Department of Natural Resources. The island, comprising 14.973 hectares, was valued at $1 million by the Chief Executive, a valuation which the appellants sought to reduce to $600,000. The court considered various aspects of the valuation including the nature of the land, access and services, the method of valuation, and the sale of the subject. The court found that while the island was unique, its valuation should be determined as a rural housesite. The court also found that the respondent underestimated the impact of the limited access and services to the island. Regarding the method of valuation, the court found that the respondent's reliance on the sale of the subject as the determining influence was unwise, given the appellants' claims that the sale was not an "arms length" transaction due to special personal circumstances. The court also found that the respondent failed to fully investigate the conditions of the contract of sale between the appellants and the former vendor. As a result, the court determined the unimproved value of the land at $900,000.