Averala Pty Limited & anor v Valuer-General [2006] NSWLEC 258

Averala Pty Limited & anor v Valuer-General [2006] NSWLEC 258

Comparable sales at Flinders Place and Ivy Street are appropriate reference points for assessing the value of 28A Norfolk Place, with adjustments for site-specific differences. The Riverview Street sale was unsuitable due to locational and qualitative differences. Considering all adjustments and available evidence, the appropriate land value as at 1 July 2004 for 28A Norfolk Place falls between $250,000 and $265,000, with a provisional value of $255,000 for the purposes of resolving the appeals.

Jurisdiction
Australia
Judgment Date
05 May 2006
Procedural Posture
Statutory Land Valuation Appeal / Interim Judgment
Outcome
interim decision and directions made; no final orders on valuation yet
Legal Topics
['valuation of Land' 'comparable Sales' 'onus of Proof']
['property Law'] ['valuation of Land' 'comparable Sales' 'onus of Proof']

Case Brief

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Procedural Posture

Statutory Land Valuation Appeal / Interim Judgment

Legal Issues

  1. 1 ['What is the appropriate statutory land value for 28A Norfolk Place, North Richmond, as at 1 July 2004?' "Are the comparable sales advanced appropriate analogues for determining this site's value?"]

Ratio Decidendi

Comparable sales at Flinders Place and Ivy Street are appropriate reference points for assessing the value of 28A Norfolk Place, with adjustments for site-specific differences. The Riverview Street sale was unsuitable due to locational and qualitative differences. Considering all adjustments and available evidence, the appropriate land value as at 1 July 2004 for 28A Norfolk Place falls between $250,000 and $265,000, with a provisional value of $255,000 for the purposes of resolving the appeals.

Court Disposition

interim decision and directions made; no final orders on valuation yet

Orders

  • ['The matter is set down for further hearing at 10am on 9 June.' 'The parties to file a further joint report from the valuers by close of business on 5 June.' "By close of business on 5 June, the second applicant to provide the respondent, electronically, with Mr Dobrow's spreadsheet for 28A Norfolk Place." 'The...