Trustees of Returned Services League of Australia Gladstone Sub-Branch v Chief Executive, Department of Lands

The Trustees of the Returned Services League of Australia Gladstone Sub-Branch (appellants) appealed against the unimproved value of land held in trust, Lot 27 on Plan G1410 and Lot 1 on RP618019, assessed by the Chief Executive of the Department of Lands (respondent) at $237,500 as at 1 January 1995. The Land Court was required to decide whether the valuation was supported by evidence, whether it maintained proper relativity with other valuations, and whether it appropriately accounted for the land's disadvantages and disabilities, particularly its location in a tidal surge area.

The court examined the valuation methodology, the evidence of sales of comparable land, and the relativity of the subject land with other valued properties in Gladstone. The court found that the respondent's valuation method, which involved calculating the unimproved value based on linear frontage and adjusting for factors like depth, access, and shape, was appropriate and supported by evidence. The court also accepted the respondent's reliance on sales of land that occurred after the valuation date, as the sales were comparable and market conditions had not materially altered. The court dismissed the appellants' arguments that the valuation failed to consider the land's disadvantages and disabilities, including its location in a tidal surge zone, as there was insufficient evidence to support such a claim. The court concluded that the respondent's valuation was supported by evidence and maintained proper relativity with other valuations.

The appeal was dismissed, and the Chief Executive's determination of the unimproved value of the subject land at $227,500 was affirmed.