Newman v Valuer General [2004] NSWLEC 474

Newman v Valuer General [2004] NSWLEC 474

The applicant did not provide substantive evidence showing that the assessed land value of $302,000.00 as at 1 July 2002 was too high. The Court accepted the respondent's comparable sales approach as consistent with accepted valuation practice and was satisfied the heritage conservation aspect had been taken into account.

Jurisdiction
Australia
Judgment Date
24 August 2004
Procedural Posture
Appeal Against Disallowance of Objection to Land Value / Ex Tempore Judgment After on Site Hearing
Outcome
Appeal dismissed; land value confirmed.
Legal Topics
['land Value Objection' 'comparable Sales Valuation' 'residential Property Valuation' 'heritage Conservation Area']
['valuation Law' 'land Law'] ['land Value Objection' 'comparable Sales Valuation' 'residential Property Valuation' 'heritage Conservation Area']

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Procedural Posture

Appeal Against Disallowance of Objection to Land Value / Ex Tempore Judgment After on Site Hearing

Legal Issues

  1. 1 ['Whether the land value of $302,000.00 for 9 Denison Street, Manly as at 1 July 2002 was too high.' 'Whether valuation should be determined by reference to rent and capitalisation values rather than direct comparable sales.' "Whether an allowance should be made for the property's heritage significance."]

Ratio Decidendi

The applicant did not provide substantive evidence showing that the assessed land value of $302,000.00 as at 1 July 2002 was too high. The Court accepted the respondent's comparable sales approach as consistent with accepted valuation practice and was satisfied the heritage conservation aspect had been taken into account.

Court Disposition

Appeal dismissed; land value confirmed.

Orders

  • ['The appeal is dismissed.' 'The land value of $302,000.00 at the base rate of 1 July 2002 is confirmed.']