Martinovic –v – Valuer General [2008] NSWLEC 1187

Martinovic –v – Valuer General [2008] NSWLEC 1187

The Applicant did not discharge the onus of proving that the Valuer General's land value assessment was wrong. The Court accepted Mr Watt's logical analysis of comparable sales and found that, despite serious flooding and the adverse effect of two creeks, the assessed Land Value of $506,000 as at 1 July 2006 was justifiable on the evidence.

Jurisdiction
Australia
Judgment Date
27 May 2008
Procedural Posture
Appeal Under Section 37 of the Valuation of Land Act 1916 Against Land Value Assessment / Final Judgment After Mediation, Site Inspection and Hearing
Outcome
Appeal dismissed; Valuer General's land value assessment confirmed.
Legal Topics
['land Value' 'comparable Sales' 'flood Affected Land' 'onus of Proof on Valuation Appeal']
['valuation of Land' 'land and Environment'] ['land Value' 'comparable Sales' 'flood Affected Land' 'onus of Proof on Valuation Appeal']

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Procedural Posture

Appeal Under Section 37 of the Valuation of Land Act 1916 Against Land Value Assessment / Final Judgment After Mediation, Site Inspection and Hearing

Legal Issues

  1. 1 ["Whether the Valuer General's assessed Land Value of $506,000 for 66 Torkington Road, Londonderry as at 1 July 2006 was justifiable." 'Whether the Applicant proved that the Land Value should be reduced, having regard to flooding, creeks traversing the site, and comparable sales evidence.']

Ratio Decidendi

The Applicant did not discharge the onus of proving that the Valuer General's land value assessment was wrong. The Court accepted Mr Watt's logical analysis of comparable sales and found that, despite serious flooding and the adverse effect of two creeks, the assessed Land Value of $506,000 as at 1 July 2006 was justifiable on the evidence.

Court Disposition

Appeal dismissed; Valuer General's land value assessment confirmed.

Orders

  • ['The Appeal is dismissed.' 'The Land Value of $506,000 as at the base date of 1st July 2006 for the property at 66 Torkington Road, Londonderry is confirmed.' 'No Order is made as to costs.' 'The exhibits are returned.']