Stockham v Chief Executive, Department of Natural Resources

This case involved an appeal against the annual valuation of land by the Chief Executive of the Department of Natural Resources, specifically land located at Keith Venables Road, Ayr. The appellant, William Kevin Stockham, argued that the unimproved value of the subject land should be $1,440,000, while the Chief Executive had valued it at $1,800,000. The court was required to decide whether the Chief Executive's valuation was correct and if any adjustments were necessary due to flooding and the lack of a cane production area (CPA).

The court found that the Chief Executive's valuation was based on the value of the land as at 1 October 1997. However, the court also considered the changing market for CPAs and the impact of flooding on the subject land. The court determined that the Chief Executive should have taken notice of the changing nature of the market for CPAs and the potential impact on the value of the subject land. The court concluded that the unimproved value of the land, taking into account the flooding and the lack of a CPA, should be set at $1,554,000.

Final order: The valuation determined by the Chief Executive is set aside, and the unimproved value of Lots 41 to 43 on CP 903751 is determined at One million, five hundred and fifty-four thousand dollars ($1,554,000).