May v Valuer General [2006] NSWLEC 167

May v Valuer General [2006] NSWLEC 167

The evidence and valuation provided by the Valuer General was preferred, and no evidence was presented to disturb that valuation; the percentage of good building land adopted by the Valuer General is accepted, so the land value at 1 July 2004 is determined at $2,040,000.

Parties
Applicant: Helena May; Applicant: Maurice May; Respondent: Valuer General
Jurisdiction
Australia
Judgment Date
28 February 2006
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Land Valuation, Unimproved Land Value
Property Law Land Valuation Unimproved Land Value

Case Brief

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Parties

Helena May

Applicant

Maurice May

Applicant

Valuer General

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 What is the correct unimproved land value for the property at 35 Milson Road, Cremorne on 1 July 2004?
  2. 2 How should the proportion of good versus steep building land be determined for the purposes of valuation?

Ratio Decidendi

The evidence and valuation provided by the Valuer General was preferred, and no evidence was presented to disturb that valuation; the percentage of good building land adopted by the Valuer General is accepted, so the land value at 1 July 2004 is determined at $2,040,000.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • The land value at the base date of 1 July 2004 of the premises at No. 35 Milson Road, Cremorne, is determined at $2,040,000.