Archon Group Pty Limited –v- Valuer General [2010] NSWLEC 1131

Archon Group Pty Limited –v- Valuer General [2010] NSWLEC 1131

The evidence, analysis of directly relevant comparable sales, and appropriate adjustments support the appellant's claimed land value of $495,000 as at 1 July 2008. The applicant sufficiently discharged the onus of proof. The explicit adjustment methodology is preferred to ensure transparency and logical reasoning, and the majority of comparable sales, when analysed and adjusted appropriately, point to the applicant's valuation.

Parties
Applicant: Archon Group Pty Limited; Respondent: Valuer General
Jurisdiction
Australia
Judgment Date
04 June 2010
Procedural Posture
Appeal Under S 37 Valuation of Land Act 1916 / Final Judgment
Outcome
appeal upheld
Legal Topics
Land Valuation, Comparable Sales Methodology, Adjustment of Valuation Evidence, Onus of Proof in Valuation Appeals
Valuation of Land Administrative Law Land Valuation Comparable Sales Methodology Adjustment of Valuation Evidence Onus of Proof in Valuation Appeals

Case Brief

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Parties

Archon Group Pty Limited

Applicant

Valuer General

Respondent

Procedural Posture

Appeal Under S 37 Valuation of Land Act 1916 / Final Judgment

Legal Issues

  1. 1 What is the correct land value of the property at 463 Parramatta Road, Leichhardt as at 1 July 2008?
  2. 2 Are the adjustments to comparable sales consistent with legal and valuation principles?
  3. 3 Has the appellant discharged the onus of proof under s 40(2) of the Valuation of Land Act 1916?

Ratio Decidendi

The evidence, analysis of directly relevant comparable sales, and appropriate adjustments support the appellant's claimed land value of $495,000 as at 1 July 2008. The applicant sufficiently discharged the onus of proof. The explicit adjustment methodology is preferred to ensure transparency and logical reasoning, and the majority of comparable sales, when analysed and adjusted appropriately, point to the applicant's valuation.

Court Disposition

appeal upheld

Orders

  • The Appeal is upheld.
  • The Land Value for the property known as the Taverners Hill Hotel, 463 Parramatta Road, Leichhardt as at the base date of 1 July 2008 is $495,000.