Sim v Valuer General [2006] NSWLEC 119

Sim v Valuer General [2006] NSWLEC 119

The court found that the comparable sales and adjustments provided by Mr Allen were appropriate, and that no further adjustment should be made for the likelihood of further scouring as the evidence did not support such an adjustment. Consequently, the assessed land value of $130,000 was confirmed and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
14 February 2006
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['valuation of Land' 'land Value Assessment']
['property Law'] ['valuation of Land' 'land Value Assessment']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the unimproved land value assessed by the Valuer General should be confirmed or adjusted due to the characteristics of the land, including flood erosion, stormwater discharge, and likelihood of further erosion.']

Ratio Decidendi

The court found that the comparable sales and adjustments provided by Mr Allen were appropriate, and that no further adjustment should be made for the likelihood of further scouring as the evidence did not support such an adjustment. Consequently, the assessed land value of $130,000 was confirmed and the appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The land value for No. 11 James Road, Mount Kembla, as at 1 July 2004 is confirmed at $130,000.' 'The exhibits are returned.']