DAVID JOHN COLEMAN v. VALUER GENERAL [1998] NSWLEC 1 (14 January 1998) [1998] NSWLEC 62

DAVID JOHN COLEMAN v. VALUER GENERAL [1998] NSWLEC 1 (14 January 1998) [1998] NSWLEC 62

The inclusion of value for improvements not classified as land improvements under the Act in comparable sales used for valuation constitutes a demonstrable error of law, requiring the matter to be remitted for proper assessment.

Parties
Applicant: David John Coleman; Respondent: Valuer General
Jurisdiction
Australia
Judgment Date
14 January 1998
Procedural Posture
Appeal / Judgment After Appeal From Decision of Senior Assessor
Outcome
Appeal upheld
Legal Topics
Land Value Assessment, Defining Land Improvements, Error of Law in Valuation Methodology
Valuation Law Land Law Land Value Assessment Defining Land Improvements Error of Law in Valuation Methodology

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Parties

David John Coleman

Applicant

Valuer General

Respondent

Procedural Posture

Appeal / Judgment After Appeal From Decision of Senior Assessor

Legal Issues

  1. 1 Whether the Senior Assessor erred by adopting a valuation methodology that included the value of improvements not defined as land improvements under the Valuation of Land Act

Ratio Decidendi

The inclusion of value for improvements not classified as land improvements under the Act in comparable sales used for valuation constitutes a demonstrable error of law, requiring the matter to be remitted for proper assessment.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • The matter be referred back to the Assessor for hearing and determination in accordance with these reasons for judgment.