Knapp v Valuer General [2004] NSWLEC 684

Knapp v Valuer General [2004] NSWLEC 684

The valuation of $540,000 as at the base date is supported by evidence of comparable land sales, allowing for the physical effects of the right of way and other constraints. The legal effect of rights of way must be ignored, and valuations of adjoining properties are not determinative. The applicant failed to discharge the onus of proving an alternative valuation was appropriate on the evidence.

Parties
Applicant: Cecil James and Janice Lea Knapp; Respondent: Valuer General
Jurisdiction
Australia
Judgment Date
17 December 2004
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Land Valuation, Valuation Appeals, Comparative Sales Method, Physical Effect of Easements
Property Law Land Valuation Valuation Appeals Comparative Sales Method Physical Effect of Easements

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Parties

Cecil James and Janice Lea Knapp

Applicant

Valuer General

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Appropriate valuation of land subject to right of way and physical constraints
  2. 2 Relevance of adjoining properties' valuations in appeal

Ratio Decidendi

The valuation of $540,000 as at the base date is supported by evidence of comparable land sales, allowing for the physical effects of the right of way and other constraints. The legal effect of rights of way must be ignored, and valuations of adjoining properties are not determinative. The applicant failed to discharge the onus of proving an alternative valuation was appropriate on the evidence.

Court Disposition

appeal dismissed

Orders

  • The appeal in respect of the valuation for the property known as 13 Burke Parade, Gerroa is dismissed.
  • The valuation of $540,000 as at the base date of 1 July 2003 is confirmed.