Adams v Valuer General [2014] NSWLEC 1005

Adams v Valuer General [2014] NSWLEC 1005

The Applicant did not discharge the onus under section 40(2) of the Valuation of Land Act 1916. Although the Applicant's valuer accumulated and analysed potentially comparable sales, the assumptions underlying his adjustments were not justified by a clearly articulated, logical and transparent reasoning process, and his application of the adjusted sales was notably brief given the magnitude of the adjustments. The Court therefore did not accept the Applicant's land value assessments and confirmed the Valuer General's assessed land values.

Jurisdiction
Australia
Judgment Date
14 January 2014
Procedural Posture
Class 3 Appeal Under Section 37 of the Valuation of Land Act 1916 Against Land Values Assessed by the Valuer General / Principal Judgment After on Site Inspection and Hearing
Outcome
Appeal dismissed
Legal Topics
['land Value Assessment' 'comparable Sales Valuation Method' 'valuation Objection and Appeal' 'onus of Proof on Appellant' 'vehicular Access and Beach Access' 'seal Rocks Property Market']
['valuation of Land' 'property Law' 'planning and Environment'] ['land Value Assessment' 'comparable Sales Valuation Method' 'valuation Objection and Appeal' 'onus of Proof on Appellant' 'vehicular Access and Beach Access' 'seal Rocks Property Market']

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Procedural Posture

Class 3 Appeal Under Section 37 of the Valuation of Land Act 1916 Against Land Values Assessed by the Valuer General / Principal Judgment After on Site Inspection and Hearing

Legal Issues

  1. 1 ["Whether the Applicant discharged the onus of proving that the Valuer General's assessed land values for 12 Kinka Road, Seal Rocks at the 2009, 2010 and 2011 Base Dates were incorrect." 'Whether uncertainty about legal and physical vehicular access as at the 2009 and 2010 Base Dates affected the land value of the subject property.' 'Whether the expert valuation evidence using comparable sales justified lower land values than those assessed by the Valuer General.' 'What weight should be given to comparable sales evidence where substantial adjustments are required and the adjustment process is not clearly articulated.']

Ratio Decidendi

The Applicant did not discharge the onus under section 40(2) of the Valuation of Land Act 1916. Although the Applicant's valuer accumulated and analysed potentially comparable sales, the assumptions underlying his adjustments were not justified by a clearly articulated, logical and transparent reasoning process, and his application of the adjusted sales was notably brief given the magnitude of the adjustments. The Court therefore did not accept the Applicant's land value assessments and confirmed the Valuer General's assessed land values.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal by the Applicant is dismissed.' 'The land value for the property known as 12 Kinka Road, Seal Rocks is: 1st July 2009 $1,700,000; 1st July 2010 $1,530,000; 1st July 2011 $1,450,000.' 'No Order is made as to costs.']