Kilcoy Shire Council v Brisbane City Council [1971] HCA 19

High Court of Australia Barwick C.J. McTiernan and Windeyer JJ. Kilcoy Shire Council v Brisbane City Council [1971] HCA 19

ORDER Appeal allowed with costs. Judgment for plaintiff varied by increasing the amount thereof to the sum of $25,518.64. Order that the defendant pay the plaintiff's costs of the action.

Cur. adv. vult.

The following written judgments were delivered:—

1971, May 25 Barwick C.J.

In the year 1963 the Valuer-General of Queensland in performance of the duty imposed on him by ss. 11 and 13 of The Valuation of Land Acts, 1944 to 1959 Q (the Valuation Acts) assessed the unimproved capital value of all the land in the Shire of Kilcoy (the Shire), that Shire being a valuation district for the purposes of the Valuation Acts. See Pt III and Sch. (IV).

On 27th June 1963 the Governor proclaimed 30th June 1964 "as the date on and after which the third valuation made by the Valuer-General" i.e. that made in 1963 "of all lands in the area of the Shire of Kilcoy shall, subject to objection or appeal, be the valuation of all lands required by the said Acts" (the Valuation Acts) "to be valued in that area" (see s. 11 (1) (ii)).

The land on which the Somerset Dam is formed is included in the area of the Shire. It includes approximately 23,000 acres which was predominantly "Alluvial flat, grazing land or farm land"; that land was rated by the Shire before its inundation. It was divided into parcels (see definition s. 5), and remains so though it is now vested in the Brisbane City Council by virtue of The City of Brisbane (Water Supply) Act of 1959 Q. At all relevant times these lands remained ratable lands and though some were leased, the Brisbane City Council is ratable in respect of them. See The City of Brisbane (Water Supply) Act and Ex parte Kilcoy Shire Council; Re Brisbane City Council [1] . Some of these parcels of land are wholly submerged whilst others are only partly submerged.