Wu v Valuer-General [2013] NSWLEC 56

Wu v Valuer-General [2013] NSWLEC 56

Leave to adduce expert town planning evidence was refused as the interpretation of planning instruments is a function of the Court, not expert witnesses, and the applicant did not demonstrate how the expert evidence was necessary for determining land value.

Parties
Applicant: Pei Long Wu; Respondent: Valuer-General
Jurisdiction
Australia
Judgment Date
26 April 2013
Procedural Posture
Appeal / Motion for Leave to Adduce Expert Evidence
Outcome
Notice of motion dismissed
Legal Topics
Appeal Against Land Value, Admissibility of Expert Evidence, Interpretation of Planning Instruments
Administrative Law Valuation Appeal Against Land Value Admissibility of Expert Evidence Interpretation of Planning Instruments

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Pei Long Wu

Applicant

Valuer-General

Respondent

Procedural Posture

Appeal / Motion for Leave to Adduce Expert Evidence

Legal Issues

  1. 1 Whether leave should be granted to adduce expert town planning evidence in an appeal under the Valuation of Land Act 1916

Ratio Decidendi

Leave to adduce expert town planning evidence was refused as the interpretation of planning instruments is a function of the Court, not expert witnesses, and the applicant did not demonstrate how the expert evidence was necessary for determining land value.

Court Disposition

Notice of motion dismissed

Orders

  • The applicant's notice of motion dated 19 April 2013 is dismissed.
  • By consent, orders and directions are made as per the document entitled 'Directions At Second Directions hearing'.