Barker & Anor v The Valuer-General [1992] QLC 275

LAND COURT, BRISBANE 14th February, 1992 Re: Appeal against determination of Valuer-General - Logan City Council. AV91-772. Edward Barker and Carol Anne Barker V. The Valuer-General DECISION This appeal is against the determination of the Valuer-General of the unimproved value of Lot 15 on RP 105404, parish Mackenzie, in the sum of $60,000 for the purposes of the Annual Valuation of the Area as at 31st March, 1990. In the notice of appeal, the appellants estimated the unimproved value of the lot at $40,000. In the hearing of the matter an estimate of $35,000 to $40,000 is advanced. This appeal follows a hearing and determination by the Court of the unimproved value of the lot for the purposes of the Annual Valuation of the Area as at 31st March, 1989. The value for that purpose was determined at $45,000 after hearing evidence from Mr E. Barker and Mr I.G. Savage, registered valuer in the employ of the Department of Lands. The reasons for the determination are set out in full in the learned Member's decision which was handed down on 27th September, 1990 (AV90-314). The decision is on the record and it is agreed that the facts as stated therein provide a useful picture of the block and the disabilities it suffers through flooding. There is no necessity for me to repeat such facts. This appeal is brought on grounds stated as follows: [1992] QLC 275 -- 1 of 3 -- r 2 Flooding, comparative valuations and Land Court decision of 27th September, 1990. Reference AV90-314. " The matter of flooding was well canvassed in the previous hearing. Mr Savage who wrote that valuation has again valued the block but in the interim and also following objections received from landholders in the area against the current valuation has further reviewed relativity. The end result of the review and the application of sales evidence is that goo~ elevated blocks at either end of Bumstead Road are valued at sums of the order of $125,000, which Mr Savage said in some instances reflects an increase over the 1989 valuation of about 66%. The value that has been applied to the subject land reflects an increase of about 33%. This is his appreciation of the evidence of the market. Mr Barker relies in substance on the previous decision of the Court. Sales evidence was not made out as a ground of the appeal in support of either the continued application of the sum determined by the Court or for any lower value. In these circumstances, the market as applied by the Valuer- General to other lots in the area becomes the market for testing relativity and that whilst the facts as found in the previous hearing may be useful in resolving that issue, the determination as a level of value can have no weight. In the run of relativity between Clarke Road and Chambers Flat Road, lots on this side of Bumstead Road fall from $130,000 to $45,000 (Lot 14) then rise towards Chambers Flat Road to $135,000 (Lot 22). Such values are a reflection of contour and elevation in respect of the better lots and a reflection of lower elevation and flooding in respect of the lower lots. Lot 14 which adjoins the subject lot on the west is seen as the worst affected. Lot 13 which adjoins Lot 14 is valued at $55,000 whilst Lot 16 which adjoins the subject land on the eastern side is valued at $100,000. -- 2 of 3 -- 3 Having considered all the evidence in respect of flooding of the subject land and this form of relativity, I am not satisfied that the value applied .to the subject lot is in error. This appeal will therefore be dismissed. Accordingly, the appeal is dismissed and the determination of the V91uer-General is affirmed. • D. M. White . l Member of the Land Court -- 3 of 3 --