Stewart v Department of Resources

The appeal in Stewart v Department of Resources involved Mrs Stewart, who sought to challenge the valuation of land for the purpose of determining the purchase price of a lease under the Land Act 1994. The primary issue before the court was whether the Department of Resources had correctly assessed the unimproved value of the land, particularly considering the paucity of sales data and the use of sales from different localities. The court had to determine if the negative factors of the subject land were appropriately accounted for in the valuation process. Additionally, the court examined the validity of the internal review decision made by the Department, focusing on whether the decision was adequately reasoned and if the absence of reasons rendered it invalid.

The court found that the internal review decision did not contain any reasons, which significantly impacted Mrs Stewart, who was self-represented and appeared to be unaware that she could request reasons for the decision. While the Department pointed out that Mrs Stewart could have requested reasons, the court noted that her lack of understanding and the absence of reasons had prejudiced her preparation for the appeal. The court also examined whether the decision was invalid due to the absence of reasons but concluded that, given the lack of detailed submissions on the potential invalidity and its practical effects, it could not determine that the internal review decision was invalid in this instance.

The court determined that the unimproved value of Lot 299 on Crown Plan NR7718 should be set at Three Hundred and Ninety Thousand Dollars ($390,000) as at 14 April 2022 or 21 April 2022. The appeal was allowed, and the internal review decision was set aside and substituted with the court's determination. The court's decision provided clarity on the valuation process and the importance of providing reasoned decisions in administrative reviews.