Kogarah Town Centre Pty Limited v Valuer General (No 2) [2014] NSWLEC 1107

Kogarah Town Centre Pty Limited v Valuer General (No 2) [2014] NSWLEC 1107

The appropriate value per square metre for Lot 1 is $650, as previously found, because the omitted adjustment factor dispute is resolved by preferring the Valuer General's position, consistent with the Court's general preference expressed in the earlier primary judgment, and does not require alteration of the orders.

Parties
Applicant: Kogarah Town Centre Pty Limited; Respondent: Valuer General
Jurisdiction
Australia
Judgment Date
13 June 2014
Procedural Posture
Statutory Valuation Appeal / Post Hearing Orders/confirmation of Calculations
Outcome
Confirmed
Legal Topics
Calculation of Statutory Valuation, Adjustment Factors in Valuation, Apportionment Under S 28 Valuation of Land Act 1916

Case Brief

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Parties

Kogarah Town Centre Pty Limited

Applicant

Valuer General

Respondent

Procedural Posture

Statutory Valuation Appeal / Post Hearing Orders/confirmation of Calculations

  1. 1 Whether the rate per square metre adopted in the primary judgment was correct given an omitted adjustment factor dispute between valuers
  2. 2 Whether any error affected the orders regarding valuation

Ratio Decidendi

The appropriate value per square metre for Lot 1 is $650, as previously found, because the omitted adjustment factor dispute is resolved by preferring the Valuer General's position, consistent with the Court's general preference expressed in the earlier primary judgment, and does not require alteration of the orders.

Court Disposition

Confirmed

Orders

  • The rate per square metre for Lot 1 adopted in para (98) of the decision of 15 May 2014 is confirmed at $650.