Landel Pty Ltd and Lakes Investments Pty Ltd v Chief Executive, Department of Natural Resources and Mines

LAND APPEAL COURT OF QUEENSLAND

CITATION: Landel Pty Ltd and Lakes Investments Pty Ltd v. Department of Natural Resources and Mines [2002] QLAC 72

PARTIES:Landel Pty Ltd as Trustee and Lakes Investments Pty Ltd as Trustee for Lakes Unit Trust
(applicants)
v
Chief Executive, Department of Natural Resources and Mines

(respondent)

FILE NOS: LAC2002/0032

DIVISION: Land Appeal Court of Queensland

PROCEEDING: Appeals from determinations of the Land Court of unimproved valuations under the Valuation of Land Act 1944

ORIGINATING COURT: Land Court of Queensland

DELIVERED ON: 6 December 2002

DELIVERED AT: Townsville

HEARD AT: Townsville

JUDGE: Cullinane J
MEMBERS: Mr RE Wenck; Mrs CAC MacDonald

ORDER:1. The appeals by Landel Pty Ltd from the Land Court determinations of the unimproved value of Lots 135 and 136 on SP 116240 and Lot 38 on RP 893501, as at 1 October 1999 are allowed, the Land Court determinations set aside and the unimproved valuations determined as follows:

Lot 135 on SP 116240        $446,000
Lot 136 on SP 116240        $416,000
Lot 38 on RP 893501         $117,000

In the judgment delivered on 12 September 2002, it was ordered that appeals from the Land Court determinations of the unimproved value of Lot 136 on SP 116240 and Lot 38 on RP 893501 as at 1 October 1999 be allowed and the unimproved valuations determined in the amounts of $415,000 and $87,000 respectively.
There were clerical mistakes resulting from accidental slips in the calculation of those amounts, at para [77] of the judgment.
The correct amounts are $416,000 and $117,000 respectively, calculated as follows:
Lot 136 –

Filled as adopted to RL 3.5  $755,500
Less:
Cost and added value of fill at date of valuation:
18,600 m³ @ $15.46/m³   $287,556
Windsor Link Wall  $12,141
Revetment Wall  $31,930
$331,627
  Interest on 50% of development cost
  for two months @ 6.5%  $1,796
  Administration and overheads  $1,000        $334,423
  $421,077
  Less:
  Rates and Land Tax  $550
  $420,527
  Less:
  Interest on net unimproved value for two
  months @ 6.5%  $4,506
                 Net Unimproved Value  $416,021
  Rounded to  $416,000

Lot 38 –

Filled as adopted to RL 3.5  $206,000
Less:
Cost and added value of fill at date of valuation:
5000 m³ @ $15.46/m³  $77,300
Retaining Wall  $10,000
$87,300

Interest on 50% of development cost
for one month @ 6.5% $236
Administration and overheads $500 $88,036
$117,864

Less:
Rates and Land Tax $100
$117,864

Less:
Interest on net unimproved value
for one month @ 6.5% $635
$117,229

Rounded to$117,000

Order
To correct the mistakes the following Order is substituted for Order 1 in the judgment delivered on 12 September 2002.
Order 1
The appeals by Landel Pty Ltd from the Land Court determinations of the unimproved value of Lots 135 and 136 on SP 116240 and Lot 38 on RP 893501, as at 1 October 1999 are allowed, the Land Court determinations set aside and the unimproved valuations determined as follows:
Lot 135 on SP 116240  $446,000
Lot 136 on SP 116240  $416,000
Lot 38 on RP 893501  $117,000

CULLINANE J
JUSTICE OF THE SUPREME COURT
RE WENCK
MEMBER OF THE LAND COURT
CAC MacDONALD
MEMBER OF THE LAND COURT

CaseChat Overview and Summary

The applicants, Landel Pty Ltd and Lakes Investments Pty Ltd, sought to appeal the determinations made by the Land Court regarding the unimproved valuations of certain lots. The appeal was heard by the Land Appeal Court of Queensland, with Justice Cullinane presiding, and members Mr RE Wenck and Mrs CAC MacDonald sitting as members. The applicants contested the unimproved value of Lots 135 and 136 on SP 116240 and Lot 38 on RP 893501 as at 1 October 1999, as determined by the Land Court. The primary legal issue the court had to address was whether the Land Court's determinations of the unimproved valuations were correct. The applicants argued that the Land Court had erred in its calculations and therefore the valuations were incorrect. The court had to assess whether the Land Court's determinations were made in accordance with the Valuation of Land Act 1944.

The court found that the Land Court had indeed made errors in its calculations, resulting in incorrect valuations. The court identified that there were clerical mistakes in the calculation of the unimproved values, which had led to the incorrect amounts being set out in the original judgment. The court provided detailed calculations to demonstrate the correct unimproved valuations, which were then set out in the amended judgment. The court emphasised the importance of accurate calculations in determining the unimproved value of land, and highlighted the need for careful consideration of all relevant factors and costs. The court concluded that the appeals by the applicants should be allowed, and the Land Court's determinations set aside. The court then provided the corrected valuations, as set out in the amended order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established