Panagiotonakos v Valuer General [2011] NSWLEC 1254

Panagiotonakos v Valuer General [2011] NSWLEC 1254

The Respondent's evidence, employing explicit and transparent adjustments to relevant comparable sales and resulting in a land value of $344,000, was preferred over the Applicant's evidence. The Applicant did not sufficiently discharge the onus of proof required by s 40(2) of the Valuation of Land Act 1916 to...

Source-derived case information.

Parties
Applicant: Mr C Panagiotonakos; Respondent: Valuer General
Jurisdiction
Australia
Judgment Date
05 July 2011
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed.
Legal Topics
Appeal Against Land Value Assessment, Comparable Sales Method, Onus of Proof in Valuation Appeals
Valuation of Land Appeal Against Land Value Assessment Comparable Sales Method Onus of Proof in Valuation Appeals

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Parties

Mr C Panagiotonakos

Applicant

Valuer General

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the assessed land value of 69 Livingstone Road, Petersham should be confirmed or altered
  2. 2 Whether the Applicant discharged the onus of proving the case under s 40(2) of the Valuation of Land Act 1916

Ratio Decidendi

The Respondent's evidence, employing explicit and transparent adjustments to relevant comparable sales and resulting in a land value of $344,000, was preferred over the Applicant's evidence. The Applicant did not sufficiently discharge the onus of proof required by s 40(2) of the Valuation of Land Act 1916 to justify a lower value. The assessment by the Respondent is supported by the relevant comparable sales, and the appeal was dismissed.

Court Disposition

Appeal dismissed.

Orders

  • The Appeal is dismissed.
  • The Land Value for the property known as 69 Livingstone Road, Petersham as at the base date of 1 July 2009 is $344,000.