Bebrovo Holdings Pty Ltd v Valuer General [2009] NSWLEC 1144

Bebrovo Holdings Pty Ltd v Valuer General [2009] NSWLEC 1144

The Applicant bore the onus under section 40(2) of the Valuation of Land Act 1916 and did not present a valuation approach sufficient to prove its case. The Court found the Respondent's valuation of the level riverside land at $3,490,000, and the total land value of $3,810,000 as at 1 July 2007, supportable by comparable sales evidence.

Jurisdiction
Australia
Judgment Date
19 May 2009
Procedural Posture
Appeal Under Section 37 of the Valuation of Land Act 1916 Against Land Value Assessed by the Valuer General / Judgment After on Site Inspection and Hearing
Outcome
Appeal dismissed; Valuer General's land value confirmed; no order as to costs.
Legal Topics
['land Value' 'comparable Sales Evidence' 'statutory Land Values' 'onus on Appeal']
['valuation of Land' 'land and Environment'] ['land Value' 'comparable Sales Evidence' 'statutory Land Values' 'onus on Appeal']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Under Section 37 of the Valuation of Land Act 1916 Against Land Value Assessed by the Valuer General / Judgment After on Site Inspection and Hearing

Legal Issues

  1. 1 ['Whether the Applicant proved that the land value assessed by the Valuer General for Del Rio Riverside Resort as at 1 July 2007 was excessive.' 'What weight should be given to expert valuation evidence, comparable sales, and statutory valuation evidence of another property.' "Whether the Respondent's assessed land value of $3,810,000 was supportable through comparable sales evidence."]

Ratio Decidendi

The Applicant bore the onus under section 40(2) of the Valuation of Land Act 1916 and did not present a valuation approach sufficient to prove its case. The Court found the Respondent's valuation of the level riverside land at $3,490,000, and the total land value of $3,810,000 as at 1 July 2007, supportable by comparable sales evidence.

Court Disposition

Appeal dismissed; Valuer General's land value confirmed; no order as to costs.

Orders

  • ['The Appeal is dismissed.' 'The Land Value of $3,810,000 as at the base date of 1st July 2007 for the property known as the Del Rio Riverside Resort, Riverside Drive, Webbs Creek is confirmed.' 'No Order is made as to costs.' 'The exhibits are returned.']