TL Stack v Chief Executive, Department of Natural Resources

The case of TL Stack v Chief Executive, Department of Natural Resources involves an appeal by Mrs Tracey Lee Stack against the Chief Executive of the Department of Natural Resources over the determination of the unimproved value of her land, Lot 1 on RP 709950, Parish of Coonambelah. The land is situated in South Townsville and is zoned "Special Development" under the Townsville City Council Town Planning Scheme. The relevant date for the determination of the unimproved value is 1 October 1996, with Mrs Stack contesting the Chief Executive's valuation of $50,000 and seeking a valuation of $40,000.

The legal issues before the court included the interpretation and reconciliation of the valuation evidence provided by the parties. The court had to determine the fair and equitable unimproved value of the property based on the provided evidence and arguments. This involved assessing the highest and best use of the land, the impact of the surrounding environment and developments, and the comparative sales evidence presented by both the appellant's husband, Mr Craig James Stack, and the respondent's valuer, Mr Robert Arthur Noakes.

The court found that the unimproved value of the subject land was $46,000. The court considered the evidence and arguments presented by both parties, including the comparative sales evidence and the impact of the surrounding environment. The court set aside the Chief Executive's determination and allowed the appeal, determining the unimproved value of the subject land to be Forty-six Thousand Dollars ($46,000).