Thompson v Blackman [1999] NSWCA 218

Thompson v Blackman [1999] NSWCA 218

The appeal fails because the Master correctly calculated the difference in the property values between the two dates, in line with the original judgment and the parties' valuation agreement. The percentage methodology advocated by the appellants was not required and the appellants’ tactic in agreeing to a low initial value cannot override the correct quantification method.

Jurisdiction
Australia
Judgment Date
01 July 1999
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['quantification of Equitable Compensation' 'method of Calculation']
['equity'] ['quantification of Equitable Compensation' 'method of Calculation']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Appropriate method for quantifying equitable compensation' 'Whether percentage methodology should be preferred over valuation by comparable sales' "Effect of parties' agreement on earlier property value"]

Ratio Decidendi

The appeal fails because the Master correctly calculated the difference in the property values between the two dates, in line with the original judgment and the parties' valuation agreement. The percentage methodology advocated by the appellants was not required and the appellants’ tactic in agreeing to a low initial value cannot override the correct quantification method.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed with costs']