Simpson, Christine & Anor v Valuer General [2007] NSWLEC 498

Simpson, Christine & Anor v Valuer General [2007] NSWLEC 498

There was insufficient evidence from the Applicant to challenge the conclusions of the Respondent’s valuer; sale number 1 was the most comparable sale, and the adjustment to $939,000.00 reflected a market downturn. Therefore, the assessed Land Value was confirmed.

Jurisdiction
Australia
Judgment Date
24 August 2007
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['land Value Assessment' 'comparable Sales' 'onus of Proof']
['valuation of Land'] ['land Value Assessment' 'comparable Sales' 'onus of Proof']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Land Value assessed by the Valuer General as at 1 July 2004 was excessive for Lot 23 DP 975684, 7 Claude Avenue, Cremorne']

Ratio Decidendi

There was insufficient evidence from the Applicant to challenge the conclusions of the Respondent’s valuer; sale number 1 was the most comparable sale, and the adjustment to $939,000.00 reflected a market downturn. Therefore, the assessed Land Value was confirmed.

Court Disposition

Appeal dismissed

Orders

  • ['The Appeal is dismissed.' 'The Land Value of $939,000.00 as at the Base Date of 1 July 2004 for the property Lot 23 DP 975684 known as 7 Claude Avenue, Cremorne is confirmed.' 'No Order is made as to costs.' 'The Exhibits are returned.']