Cabassi v The Valuer-General [1991] QLC 119

26th September, 1991 . Re: Determination of Unimproved Value - Shire of Mirani AV91-291 AF Cabassi V. The Valuer-General DECISION The respondent Valuer-General has determined an unimproved value of $167,000 for Lot 81 on Plan C1350, Lots 1 and 2 on Plans C124457, Lot 166 on C1907, Lot 3 RP 704330, Lot 5 on RP 704332, Lot 1 on RP 704350, Lots 1 and 4 on RP704355, Lot 1 on RP 704356, Lot 2 on RP 707927, Lots 1 and 2 on RP 708344 and Lot 3 on RP 732957, Parish of Hamilton containing an area of 242.3 hectares. This parcel is situated 16 kms north west of Mirani and carries an ._ assignment of 140.6 hectares to the Marian Mill with a farm peak of 955 tonnes of sugar. The relevant date for the determination of the unimproved value is 31st March, 1990 and the appellant · contends within the notice of appeal for an unimproved value of $145,000. Andrea Francesco Cabassi informed the Court that although his farm has been a premium supplier to the mill during the past 20 years, time h~s taken its [1991] QLC 119 -- 1 of 3 -- - Page 2 - toll with erosion due to the hilly nature of the terrain on the farm. Also with - mechanical haNesters, the topography of the farm will only lend itself to small paddocks and short length drills. Mr Cabassi placed in evidence a copy of the mill plan of the assigned land showing the considerable break up of the assigned area. He also pointed out that the loading point for his farm was moved in early 1990 and this means an increased cartage distance of 2 kms or 4 kms of travel per haul. Mr Cabassi feels that a valuation of $145,000 would more appropriately make sufficient allowance for the factors outlined by him. I note that this is the valuation made as at 31st March, 1989. Valuation evidence was provided by Departmental Registered Valuer Alan Michael Solager who was not the original valuer and who describes the assigned area on the farm as being undulating to steep in parts and broken by numerous gullies. The balance of the property comprising 124.3 hectares is coastal scrub and forest generally steeply sloping. Mr Solager sets out in his tendered valuation document the classified values applied to the assigned land and to the balance land. He has valued the assigned land at figures ranging from $1700 per hectare to $1200 per hectare and has made allowances for working expenses, drainage and cartage. The balance area is valued at $150 per hectare. Mr Solager has valued the land on the basis of the analyses of three sales of cane farms. Details of these sales are included within his report. I do not propose to discuss the sales evidence here as there was no challenge mounted upon it. Mr Solager told us that in his opinion the problems with the terrain and the extra haulage costs have been taken into account although the cartage problems are not quite as bad on the sale properties as on the subject property. -- 2 of 3 -- - Page 3 - There is an onus -upon £:!ppellants in appeals of this nature to satisfy ·- the Court that the Departmental Valuer has erred in some way in valuing the land and this is best done by reference to sales evidence. Mr Cabassi understandably did not refer to sales and the only evidence I have in this respect is that provided by Mr Solager. This remains unchallenged. Accordingly there is no basis for the estimate of value placed before the Court by the appellant and the respondent's valuation must prevail. The appeal is dismissed and the unimproved value of Lot 81 on Plan C1350, Lots 1 and 2 on Plans C124457, Lot 166 on C1907, Lot 3 RP 704330, Lot 5 on RP 704332, Lot 1 on RP 704350, Lots 1 and 4 on RP704355, Lot 1 on RP 704356, Lot 2 on RP 707927, Lots 1 and 2 on RP 708344 and Lot 3 on RP 732957, Parish of Hamilton as determined by the Valuer-General in the sum of $167,000 is affirmed. C.H. Carter Member of the Land Court. -- 3 of 3 --