New South Wales Cremation Company Pty Limited v Valuer General [2016] NSWLEC 135

New South Wales Cremation Company Pty Limited v Valuer General [2016] NSWLEC 135

The proper methodology for valuing the unimproved value of the subject land, a crematorium with memorial gardens, is a comparable sales approach given the existence of relevant cemetery land sales, the subject-matter's characteristics, and the unreliability of the residual land value approach. Scattered and interred...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 October 2016
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
['unimproved Value' 'valuation Methodology' 'improvement Definitions' 'cemetery and Crematorium Land' 'comparable Sales Approach']
['valuation of Land' 'land Law' 'administrative Law'] ['unimproved Value' 'valuation Methodology' 'improvement Definitions' 'cemetery and Crematorium Land' 'comparable Sales Approach']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether memorial gardens and related structures constitute 'improvements' under relevant legislation for valuation purposes" 'What is the correct methodology for determining the unimproved value of land leased for crematorium use under the Rookwood Lease' 'Whether a residual land value or comparable sales approach is more appropriate in the circumstances']

Ratio Decidendi

The proper methodology for valuing the unimproved value of the subject land, a crematorium with memorial gardens, is a comparable sales approach given the existence of relevant cemetery land sales, the subject-matter's characteristics, and the unreliability of the residual land value approach. Scattered and interred ashes are not improvements, but structures, gardens and plaques are improvements. Adjusted comparable sales evidence supports an unimproved value of $11,750,000 as at 1 July 2015.

Court Disposition

Appeal dismissed

Orders

  • ['Value of the unimproved subject land is determined to be $11,750,000 as at 1 July 2015.' 'Proceedings dismissed; parties to confer on orders and, failing agreement, matter to be relisted for submissions on final orders.']