Westerman v Valuer-General

In the case of Westerman v Valuer-General, the appellant, Sybrand Johannes Westerman, appealed against the valuation of his land, Lot 171 on SP 157454 County of Stanley, Parish of Redcliffe, which was valued by the Valuer-General at $260,000. The appellant contended that the valuation did not reflect the physical characteristics of the land or the constraints on its use and was not in line with the valuations of comparable lands. The primary issue for the court was to determine whether the valuation of the subject land was correct.

The court considered the evidence presented by both parties, including the evidence of the appellant and the expert evidence of the respondent's valuer, Elizabeth Kearins. The court found that the respondent's valuer had adopted the method of direct comparison with sales of other land and had compared the subject land with six sales of vacant land for single residential use. The court considered the evidence of the sales and found that the valuer had explained how her valuation opinion was arrived at and used the method which courts have decided will provide the best test of value.

The court found that the respondent's own procedures for the investigation of sales did not appear to have been fully complied with, as the valuer did not interview parties to the sales used to ensure that they were suitable sales to be relied upon as bona fide sales. However, the court was not able to prefer the method urged on behalf of the appellant, as its shortcomings had been highlighted by this court and the Land Appeal Court in previous cases.

For the reasons given, the appeal was dismissed, and the valuation appealed against was confirmed.