Law and Anor v Valuer General [2008] NSWLEC 1449

Law and Anor v Valuer General [2008] NSWLEC 1449

The applicant did not discharge the onus under section 40 (2) of the Valuation of Land Act 1916. The Court accepted Mr Kenny's valuation evidence, including his adjustments to the deduced land values of the inspected comparable sales and his check against the residential potential for four townhouses, and found that a Land Value of $378,000 was justified.

Jurisdiction
Australia
Judgment Date
06 November 2008
Procedural Posture
Appeal Against Land Value Assessment Under the Valuation of Land Act 1916 / Judgment After Hearing
Outcome
Appeal dismissed; Land Value confirmed at $378,000; no order as to costs.
Legal Topics
['land Value Assessment' 'comparable Sales Analysis' 'highest and Best Use' 'onus of Proof on Appeal' 'campbelltown Zoning Controls']
['valuation of Land' 'land and Environment' 'planning and Local Environmental Law'] ['land Value Assessment' 'comparable Sales Analysis' 'highest and Best Use' 'onus of Proof on Appeal' 'campbelltown Zoning Controls']

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Procedural Posture

Appeal Against Land Value Assessment Under the Valuation of Land Act 1916 / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the Land Value assessed for 138 Thunderbolt Drive, Raby, as at the Base Date of 1 July 2006 should be reduced from $378,000.' "Whether the applicant discharged the onus of proving the applicant's case under section 40 (2) of the Valuation of Land Act 1916." "Whether the respondent's comparable sales analysis and adjustments justified the assessed Land Value."]

Ratio Decidendi

The applicant did not discharge the onus under section 40 (2) of the Valuation of Land Act 1916. The Court accepted Mr Kenny's valuation evidence, including his adjustments to the deduced land values of the inspected comparable sales and his check against the residential potential for four townhouses, and found that a Land Value of $378,000 was justified.

Court Disposition

Appeal dismissed; Land Value confirmed at $378,000; no order as to costs.

Orders

  • ['The appeal is dismissed.' 'The Land Value of 138 Thunderbolt Drive, Raby, at the Base Date of 1 July 2006, is confirmed at $378,000.' 'No Order is made as to costs.']