Attard v Valuer General [2006] NSWLEC 351

Attard v Valuer General [2006] NSWLEC 351

The Valuer General acted correctly in separately valuing former lot 1 and the balance of lot 101 as distinct parcels under s 14A and s 27B, considering their separate use and ownership, and assigning values consistent with statutory requirements and evidence provided.

Parties
Applicant: Charles John Attard; Applicant: Catherine Joy Attard; Respondent: Valuer General
Jurisdiction
Australia
Judgment Date
14 June 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Valuation of Land, Construction and Interpretation, Parcel and Lot Definition
Property Law Local Government Law Valuation of Land Construction and Interpretation Parcel and Lot Definition

Case Brief

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Parties

Charles John Attard

Applicant

Catherine Joy Attard

Applicant

Valuer General

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Valuer General should have valued two parts of lot 101 separately or as one parcel
  2. 2 Whether the values assigned to the parts of lot 101 were too high
  3. 3 Whether the land value should reflect the possible inability to separately sell the two parts

Ratio Decidendi

The Valuer General acted correctly in separately valuing former lot 1 and the balance of lot 101 as distinct parcels under s 14A and s 27B, considering their separate use and ownership, and assigning values consistent with statutory requirements and evidence provided.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The exhibits are returned.