Ashleigh Developments Pty Limited v Valuer General [2010] NSWLEC 1270

Ashleigh Developments Pty Limited v Valuer General [2010] NSWLEC 1270

The applicant did not prove that a prudent 2008 purchaser would defer any development until all other Milton allotments were sold. A longer lead-in period than the Valuer General's expert allowed was justified, but not the period advanced by the applicant. Using adjusted comparable values and averaging the two lower, more comparable Nowra subdivision values produced about $3,592,000, sufficiently near the statutory valuation of $3,600,000, so the appeal was dismissed and the Valuer General's valuation confirmed.

Jurisdiction
Australia
Judgment Date
08 September 2010
Procedural Posture
Appeal Against Statutory Land Valuation Under the Valuation of Land Act 1916 / Ex Tempore Judgment After Hearing
Outcome
Appeal dismissed; Valuer General's valuation confirmed.
Legal Topics
['statutory Valuation Appeal' 'residential Subdivision Land Valuation' 'comparable Sales Analysis' 'lead in Period Adjustment' 'onus of Proof']
['valuation of Land' 'planning and Development'] ['statutory Valuation Appeal' 'residential Subdivision Land Valuation' 'comparable Sales Analysis' 'lead in Period Adjustment' 'onus of Proof']

Case Brief

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Procedural Posture

Appeal Against Statutory Land Valuation Under the Valuation of Land Act 1916 / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ["Whether the statutory valuation of $3,600,000 as at 1 July 2008 for the applicant's approved residential subdivision land should be reduced or confirmed." 'What lead-in period adjustment should be applied in comparing the subject land with comparable en globo subdivision sales.' "Whether the applicant discharged the onus of proving that the Valuer General's valuation was excessive."]

Ratio Decidendi

The applicant did not prove that a prudent 2008 purchaser would defer any development until all other Milton allotments were sold. A longer lead-in period than the Valuer General's expert allowed was justified, but not the period advanced by the applicant. Using adjusted comparable values and averaging the two lower, more comparable Nowra subdivision values produced about $3,592,000, sufficiently near the statutory valuation of $3,600,000, so the appeal was dismissed and the Valuer General's valuation confirmed.

Court Disposition

Appeal dismissed; Valuer General's valuation confirmed.

Orders

  • ['The appeal is dismissed.' 'Pursuant to s 41A of the Valuation of Land Act 1916, the valuation of the Valuer General as at 1 July 2008 is confirmed.' 'The exhibits are returned.']