Valuer-General v Fivex Pty Ltd [2015] NSWCA 53

Valuer-General v Fivex Pty Ltd [2015] NSWCA 53

The mandatory assumptions in s 6A(2) of the Valuation of Land Act 1916 (NSW) apply to any land value assessment; they require that, in determining the unimproved value of the fee-simple, regard must be had to the actual use and actual extent of improvements as at the valuation date, so that the actual gross floor area achieved by the building must be taken into account, regardless of maximum LEP limits, where such use is lawful. The primary judge erred in failing to apply s 6A(2) to require regard to be had to the actual GFA. There was no error of law in failing to address GST treatment of comparable sales as the point was not raised at trial.

Jurisdiction
Australia
Judgment Date
17 March 2015
Procedural Posture
Appeal / Court of Appeal
Outcome
Appeal allowed; Cross-appeal dismissed
Legal Topics
['land Value' 'statutory Construction' 'use of Comparable Sales' 'gst in Property Valuation' 'highest and Best Use' 'operation of S 6 a Valuation of Land Act' 'effect of Local Environmental Plans']
['valuation Law' 'statutory Interpretation'] ['land Value' 'statutory Construction' 'use of Comparable Sales' 'gst in Property Valuation' 'highest and Best Use' 'operation of S 6 a Valuation of Land Act' 'effect of Local Environmental Plans']

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Procedural Posture

Appeal / Court of Appeal

Legal Issues

  1. 1 ['Whether s 6A(2) of the Valuation of Land Act 1916 (NSW) required the actual floor space of improvements to be taken into account in land value assessment' 'Whether the assumptions in s 6A(2) are confined to cases involving existing use rights or apply more generally' 'Whether failure to address GST treatment of comparable sales where the point was not taken at trial constitutes an error of law']

Ratio Decidendi

The mandatory assumptions in s 6A(2) of the Valuation of Land Act 1916 (NSW) apply to any land value assessment; they require that, in determining the unimproved value of the fee-simple, regard must be had to the actual use and actual extent of improvements as at the valuation date, so that the actual gross floor area achieved by the building must be taken into account, regardless of maximum LEP limits, where such use is lawful. The primary judge erred in failing to apply s 6A(2) to require regard to be had to the actual GFA. There was no error of law in failing to address GST treatment of comparable sales as the point was not raised at trial.

Court Disposition

Appeal allowed; Cross-appeal dismissed

Orders

  • ['Appeal allowed.' 'Cross-appeal dismissed.' 'Set aside the orders made on 28 March 2014, and remit the proceedings to the Land and Environment Court for determination in accordance with law.' 'The respondent/cross-appellant to pay the costs of the appellant/cross-respondent of the appeal and cross-appeal.']