Graham Trilby Pty Ltd v Valuer-General (No 2) [2011] NSWLEC 75

Graham Trilby Pty Ltd v Valuer-General (No 2) [2011] NSWLEC 75

The limited material from the 2006 Appeal did not evidence any agreement as to the interest rate period. The Court was not satisfied that Mr Maundrell's evidence was incorrect that the agreed development and selling period in the 2006 Appeal was two years, and was not persuaded to depart from its decision that the interest period in the current appeals was 21 months.

Jurisdiction
Australia
Judgment Date
20 April 2011
Procedural Posture
Class 3 Valuation Appeals / Respondent's Oral Application to Change the Decision as to the Interest Rate Period Before Final Orders
Outcome
Respondent's application to vary decision as to the interest rate period is dismissed.
Legal Topics
['hypothetical Development Calculations' 'interest Rate Period' 'new Evidence' 'valuation Appeals']
['valuation of Land'] ['hypothetical Development Calculations' 'interest Rate Period' 'new Evidence' 'valuation Appeals']

Case Brief

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Procedural Posture

Class 3 Valuation Appeals / Respondent's Oral Application to Change the Decision as to the Interest Rate Period Before Final Orders

Legal Issues

  1. 1 ['Whether the Court should change its decision that the interest period in the current appeals was 21 months in light of material from the 2006 Appeal.' 'Whether the new material showed that evidence about the agreed development and selling period in the 2006 Appeal was incorrect.']

Ratio Decidendi

The limited material from the 2006 Appeal did not evidence any agreement as to the interest rate period. The Court was not satisfied that Mr Maundrell's evidence was incorrect that the agreed development and selling period in the 2006 Appeal was two years, and was not persuaded to depart from its decision that the interest period in the current appeals was 21 months.

Court Disposition

Respondent's application to vary decision as to the interest rate period is dismissed.

Orders

  • ["The Valuer-General's oral application that the Court change its decision as to the interest rate period is dismissed." 'By consent, the matter is listed before Biscoe J at 9.30 am on 28 April 2011 to make final orders.' 'The parties are to submit agreed or competing orders to the Associate beforehand, together...