Roggiero v Valuer General (No 2) [2008] NSWLEC 1400

Roggiero v Valuer General (No 2) [2008] NSWLEC 1400

The applicant did not discharge the onus of proving the statutory valuation was too high; the respondent’s evidence, based on comparable sales and established valuation methodology, was preferred and the statutory valuation was confirmed.

Jurisdiction
Australia
Judgment Date
26 August 2008
Procedural Posture
Appeal Under Valuation of Land Act 1916 / Post Remittal Fresh Hearing After Original Decision Set Aside
Outcome
Objection dismissed, valuation confirmed.
Legal Topics
['land Valuation' 'statutory Interpretation' 'burden of Proof in Valuation Appeals']
['property Law' 'administrative Law'] ['land Valuation' 'statutory Interpretation' 'burden of Proof in Valuation Appeals']

Case Brief

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Procedural Posture

Appeal Under Valuation of Land Act 1916 / Post Remittal Fresh Hearing After Original Decision Set Aside

Legal Issues

  1. 1 ['Whether the statutory valuation for 18 Collaroy Street, Collaroy, as at 1 July 2006, should be reduced following objection and appeal' 'What is the correct method for determining land value in this context']

Ratio Decidendi

The applicant did not discharge the onus of proving the statutory valuation was too high; the respondent’s evidence, based on comparable sales and established valuation methodology, was preferred and the statutory valuation was confirmed.

Court Disposition

Objection dismissed, valuation confirmed.

Orders

  • ['Objection dismissed' 'Statutory valuation of $790,000 as at base date 1 July 2006 confirmed' 'Exhibits returned']