Hornsby Shire Council v Valuer General of New South Wales & Ors [2013] NSWSC 1183

Hornsby Shire Council v Valuer General of New South Wales & Ors [2013] NSWSC 1183

The application for a judicial view was refused because the proposed view would not assist in resolving factual issues, reproduce relevant professional conduct, or serve the purposes suggested; expert evidence is better suited to the contested matters.

Jurisdiction
Australia
Judgment Date
27 August 2013
Procedural Posture
Interlocutory Application / Application for View at Trial, Determination
Outcome
Application for view refused
Legal Topics
['judicial View' 'compensation Determination' 'negligence' 'fraud' 'misrepresentation' 'scope of Judicial Inspection']
['evidence' 'compensation' 'property Law'] ['judicial View' 'compensation Determination' 'negligence' 'fraud' 'misrepresentation' 'scope of Judicial Inspection']

Case Brief

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Procedural Posture

Interlocutory Application / Application for View at Trial, Determination

Legal Issues

  1. 1 ['Whether the trial judge should undertake a view of the subject property' 'Appropriateness and scope of judicial view in compensation proceedings' 'Use of judicial view to reconstruct professional conduct and observations']

Ratio Decidendi

The application for a judicial view was refused because the proposed view would not assist in resolving factual issues, reproduce relevant professional conduct, or serve the purposes suggested; expert evidence is better suited to the contested matters.

Court Disposition

Application for view refused

Orders

  • ['Application for judicial view of property is refused']