Hall v Valuer General [2008] NSWLEC 1372

Hall v Valuer General [2008] NSWLEC 1372

The Court accepted that the applicant discharged the onus of proof and rejected the respondent's submission that the improved sale at 130 Old Pittwater Road must be disregarded. Considering comparable sales, frontage and area, excavation, the value of existing improvements, and the superiority of the comparable properties, the Court found that $750 per square metre of usable land area properly reflected the land value at the base date, resulting in a land value of $4,270,500.

Jurisdiction
Australia
Judgment Date
17 September 2008
Procedural Posture
Appeal Against Revised Land Value Assessed Under Section 6 a (1) of the Valuation of Land Act 1916 / Judgment After Section 34 Conference Did Not Reach Agreement and the Parties Consented to the Acting Commissioner Hearing the Matter
Outcome
Appeal upheld; land value reduced.
Legal Topics
['land Value' 'comparable Sales Method' 'deduced Land Value From Improved Property' 'industrial Land Valuation' 'usable Land Area']
['valuation of Land' 'planning and Environment'] ['land Value' 'comparable Sales Method' 'deduced Land Value From Improved Property' 'industrial Land Valuation' 'usable Land Area']

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Procedural Posture

Appeal Against Revised Land Value Assessed Under Section 6 a (1) of the Valuation of Land Act 1916 / Judgment After Section 34 Conference Did Not Reach Agreement and the Parties Consented to the Acting Commissioner Hearing the Matter

Legal Issues

  1. 1 ['What was the land value of 128 Old Pittwater Road Brookvale as at the base date of 1 July 2006.' 'Whether sales of improved property, specifically 130 Old Pittwater Road, could be used as comparable sales in valuing vacant land.' 'How to adjust comparable sales for frontage, land area, excavation, existing improvements and whether the subject property should be treated as a small property.']

Ratio Decidendi

The Court accepted that the applicant discharged the onus of proof and rejected the respondent's submission that the improved sale at 130 Old Pittwater Road must be disregarded. Considering comparable sales, frontage and area, excavation, the value of existing improvements, and the superiority of the comparable properties, the Court found that $750 per square metre of usable land area properly reflected the land value at the base date, resulting in a land value of $4,270,500.

Court Disposition

Appeal upheld; land value reduced.

Orders

  • ['The Appeal is upheld.' 'The Land Value as at the Base Date of 1 July 2006 is reduced to $4,270,500.' 'No Order is made as to costs.']