Taitz & Anor -v- Valuer General [2007] NSWLEC 772

Taitz & Anor -v- Valuer General [2007] NSWLEC 772

The selected comparable sales, particularly the Towns Road sales and other sales adjusted in totality for size, shape, topography, location and views, indicated that the Respondent's assessed land value of $1,500,000 as at 1 July 2006 was more than justified; accordingly the appeal was dismissed and the assessment confirmed.

Jurisdiction
Australia
Judgment Date
22 November 2007
Procedural Posture
Appeal Under Section 37 of the Valuation of Land Act 1916 Against Land Value Assessed by the Valuer General / On Site Preliminary Conference Under Section 34 of the Land and Environment Court Act 1979; Parties Requested Disposal Under Section 34(3)(b)(ii) on the Basis That a Hearing Proceed Forthwith
Outcome
Appeal dismissed; land value confirmed; no order as to costs; exhibits returned.
Legal Topics
['land Value' 'valuer General Assessment' 'comparable Sales' 'section 6 a Land Valuation' 'onus of Proof in Valuation Appeal']
['valuation of Land' 'property Law'] ['land Value' 'valuer General Assessment' 'comparable Sales' 'section 6 a Land Valuation' 'onus of Proof in Valuation Appeal']

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Procedural Posture

Appeal Under Section 37 of the Valuation of Land Act 1916 Against Land Value Assessed by the Valuer General / On Site Preliminary Conference Under Section 34 of the Land and Environment Court Act 1979; Parties Requested Disposal Under Section 34(3)(b)(ii) on the Basis That a Hearing Proceed Forthwith

Legal Issues

  1. 1 ['Whether the land value assessed by the Valuer General for 32 Towns Road, Vaucluse as at 1 July 2006 should be confirmed or reduced.' 'Whether the Applicant discharged the onus under Section 40(2) of the Valuation of Land Act 1916.' 'What comparable sales were relevant to determining the land value of the site.']

Ratio Decidendi

The selected comparable sales, particularly the Towns Road sales and other sales adjusted in totality for size, shape, topography, location and views, indicated that the Respondent's assessed land value of $1,500,000 as at 1 July 2006 was more than justified; accordingly the appeal was dismissed and the assessment confirmed.

Court Disposition

Appeal dismissed; land value confirmed; no order as to costs; exhibits returned.

Orders

  • ['The Appeal is dismissed.' 'The Land Value of $1,500,000 as at the base date of 1 July 2006 for the property 32 Towns Road, Vaucluse is confirmed.' 'No Order is made as to costs.' 'The exhibits are returned.']