Dokas v Valuer General [2017] NSWLEC 32

Dokas v Valuer General [2017] NSWLEC 32

The applicant failed to discharge the onus of proving that the statutory valuations were too high. Even on the most favourable assumptions for the applicant’s case—including reduced site area and negative amenity factors—the analysed land values exceeded the statutory values. Thus, the appeals must be dismissed and the Valuer General's statutory valuations must be confirmed.

Jurisdiction
Australia
Judgment Date
21 March 2017
Procedural Posture
Valuation Appeal / Judgment
Outcome
Appeal dismissed; statutory valuations confirmed.
Legal Topics
['statutory Valuation' 'objection to Valuation' 'comparable Sales Analysis']
['land Valuation'] ['statutory Valuation' 'objection to Valuation' 'comparable Sales Analysis']

Case Brief

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Procedural Posture

Valuation Appeal / Judgment

Legal Issues

  1. 1 ["Whether the Valuer General's statutory land valuations as at 1 July 2015 for 1 Bonanza Parade, Sans Souci and 225 The Grand Parade, Monterey, are correct or should be adjusted as proposed by the applicant."]

Ratio Decidendi

The applicant failed to discharge the onus of proving that the statutory valuations were too high. Even on the most favourable assumptions for the applicant’s case—including reduced site area and negative amenity factors—the analysed land values exceeded the statutory values. Thus, the appeals must be dismissed and the Valuer General's statutory valuations must be confirmed.

Court Disposition

Appeal dismissed; statutory valuations confirmed.

Orders

  • ['In Matter Number 305529 of 2016: 1. The appeal is dismissed. 2. Pursuant to s 40(1)(a) of the Valuation of Land Act 1916, the statutory valuation of 1 Bonanza Parade, Sans Souci, of $1,220,000 as at the base date of 1 July 2015 is confirmed. 3. The exhibits, other than Exhibit 3, are returned.' 'In Matter Number...