Tin Can Bay Marina Pty Ltd v Department of Natural Resources and Mines

The case between Tin Can Bay Marina Pty Ltd and the Department of Natural Resources and Mines revolved around the valuation of specific land parcels located in Queensland. These parcels were part of a marina, some of which lay above and some below the high water mark, and had been developed through filling. The valuation was necessitated by a dispute over the land's unimproved value, with the appellant contesting the valuation performed by the Department. The dispute was heard and decided by the Queensland Land Court.

The legal issues before the court involved the classification of the land for valuation purposes, the appropriateness of using sales of other properties as comparables, and the cost of improvements to the land. A significant point of contention was the valuation of the land above water, which was categorised into different use types, with the court required to determine if the values assigned by the Department were supported by evidence. Additionally, the court had to consider the method of valuation for Crown leasehold land, as stipulated by the Valuation of Land Act, and whether the sales used for comparison were valid given the different locations and permitted uses of the properties.

The court found that the Department's valuation did not appropriately account for the restrictions on land use as stipulated in the lease, and the use of sales as comparables was not justified due to significant differences in location and permitted use. The court also determined that the Department's estimate of the cost of improvements was unsubstantiated and accepted the appellant's higher estimate. As a result, the court concluded that the appellant's valuation of the land's unimproved value was more accurate and allowed the appeal, setting the unimproved value of the specified land parcels.