Curley v The Valuer-General [1991] QLC 228

Re: Determination of Unimproved Value - Shire of Cloncurry. (AV90-373) J.F. Curley V. The Valuer-General DECISION LAND COURT, BRISBANE. 21st June, 1991. The respondent Valuer-General has determined an unimproved value of $37,500 ($8.75/ha) for GHPL 2068 - Lot 3 on Plan BD 102 Parish Popanilla containing an area of 4261 hectares. This property is known as "Veeisla" and is situated 51 kilometres north of Cloncurry off the Sedan Dip Road. Access is via 4 kilometres of formed earth track from this road. The relevant date for the determination of the unimproved value is 31st March, 1989. The appellant contends within the notice of appeal for an unimproved value of $30,000 but in evidence says that $20,000 ($4.69/ha) is more appropriate. Mrs Jacqueline Faye Curley informed the Court that the unimproved value of $8.75/ha applied to her land was the highest value in the area. An unimproved value of $7.25/ha has been applied to "Cotswold" on the east with an area of 10,100 hectares. Mrs Curley says "Cotswold" is an established station with all services and living facilities and with similar to better vegetation and with a better [1991] QLC 228 -- 1 of 4 -- - Page 2 - carrying capacity than "Veeisla". It has a lot more flinders and mitchell grass and has a frontage to the Cloncurry River. A property known as "Tynddol" with an area of 8680 hectares is valued at $6.33 per hectare. This property is only 5 kilometres away from "Veeisla" and Mrs Curley says it also is an established station with all facilities and has -· excellent vegetation and a frontage this time to the Corella River. Mrs Curley claims that the river frontage on "Tynddol" is good quality and grassed with buffel grass and she says "Tynddol" is a safer property than is "Veeisla". Mrs Curley suggests that "Fort Constantine" (owned by Stanbroke Pastoral Company) is recognised as the best property in the Cloncurry District and is valued as $7.00 per ha. It contains 134,921 hectares and adjoins the subject land on the southern boundary. Again "Fort Constantine" is an established station with similar vegetation and a frontage to the Cloncurry River. Mrs Curley says that virtually a twin sister to "Veeisla" country wise is a property known as "Bloodwood" which adjoins "Veeisla" to the north. It contains 48,417 hectares and is valued at $2.99 per hectare. Mrs Curley says that "Bloodwood" is the same size as "Veeisla" and has similar features, vegetation and creeks. It is the same type of country but has been valued along with "Jersey Plains" and "Chumvale" as an aggregation forming the 48,417 hectares. Mrs Curley says that "Veeisla" has provided her main source of income. Stocking rates have been cut down in recent years to prevent land degradation. In 1985 the property was destocked due to drought. Stock on the property are currently being upgraded to a commercial bull breeding herd so that lower numbers can be run and hopefully the profitability maintained. Since the purchase of "Veeisla" by Mrs Curley in 1985 the stocking rates have been:- Six months of total destock in 1985 - -- 2 of 4 -- - Page 3 - 1 beast to 22.5 hectares for 4 years till 1989 1 beast to 17.5 hectares for 1990 Stocking rates are maintained by supplementary feeding. At the present time "Veeisla" has the heaviest grass cover it has had for 17 years and it is now stocked at the rate of 1 beast to 14 hectares. Mrs Curley stresses that "Veeisla" has inferior access particularly during wet weather. The legal access to the property is not maintained or trafficable. Mrs Curley raised several other matters during the conduct of her appeal but most were inadmissible since no reference to them was made within the Grounds of Appeal to which she is limited under the provisions of Section 16(J)(3) of the Valuation of Land Act. The valuation under appeal was made by registered valuer Montague 4 John Campbell who describes the nature of the country as being mainly open brown soil, mitchell grass downs with scattered whitewood and with an area of sand ridge. There is a narrow frontage of coolibah and gidyea along Tommy Creek. Mr Campbell assesses the carrying capacity of "Veeisla" at 1 beast to 12 hectares in average seasons, and values the land in relation to the analyses of sales of properties known as "Judith Rayl", "Robyn Downs" and "Jackton". Each of these properties are in the Kynuna District well to the south of the subject property. I do not feel the need to consider the sales evidence as the appeal was not conducted in relation to sales evidence but more on the basis of relativity. Mr Campbell informed the Court that his valuation of "Veeisla" of $8. 75 per hectare reflects the small size of the property. He describes it as being a handy property which would meet a keen demand if offered for sale due to its smaller size and greater range of buyers. -- 3 of 4 -- - Page 4 - Mr Campbell says that size played an important part in the valuation of the comparison properties mentioned by Mrs Curley. His carrying capacity of "Fort Constantine" is 1 beast to 13 hectares and of the nstoodwood", "Jersey Plains" and "Chumvale" aggregation 1 beast to 20 hectares indicating, in his opinion, the inferior nature of much of the country on that aggregation such as red stony spinifex hills- - and gidyea valleys. Mr Campbell estimates the carrying capacity of "Cotswold" at one beast to 12 hectares and points out that it too is larger than is "Veeisla". Mr Campbell commented that the departmental carrying capacity of all the properties mentioned in evidence has not been varied over time and has said that the stocking of the subject property by Mrs Curley was a question of management practice. It has been well established that the size of a grazing property does play an important part in the valuation process and for this reason I cannot find for · the valuation of $20,000 as recommended by Mrs Curley. I am however inclined to believe that the subject property is somewhat over valued at $8. 75 per hectare in relation to the neighbouring properties especially when the poor access is taken into account. I find that the appeal should succeed to the extent of a reduction in the unimproved value to $7.50 per hectare. Accordingly the appeal is allowed, the determination of the Valuer-General is set aside and the unimproved value of GHPL 2068 - Lot 2 on Plan BD 102 Parish Popanilla is determined in the rounded off sum of thirty-two thousand dollars ($32,000). (C.H. Carter) Member of the Land Co urt. -- 4 of 4 --