Francis v Valuer General [2024] NSWLEC 1055

Francis v Valuer General [2024] NSWLEC 1055

The applicant did not establish, on the balance of probabilities, that the Valuer General's valuation was incorrect. The comparable sales methodology is appropriate in these circumstances and, absent cogent contrary evidence or valid alternative analysis by the applicant, the statutory valuation of $291,000 should stand.

Parties
Applicant: Rixta Francis; Respondent: Valuer General
Jurisdiction
Australia
Judgment Date
16 February 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal dismissed; valuation confirmed.
Legal Topics
Land Value Assessment, Statutory Valuation Appeals, Burden of Proof, Comparable Sales Methodology
Valuation of Land Administrative Law Land Value Assessment Statutory Valuation Appeals Burden of Proof Comparable Sales Methodology

Case Brief

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Parties

Rixta Francis

Applicant

Valuer General

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the statutory valuation of the subject land by the Valuer General for 1 July 2022 is correct
  2. 2 Whether previous statutory valuations or percentage increases are relevant to the current valuation
  3. 3 Whether evidence provided by the applicant supports a different land value

Ratio Decidendi

The applicant did not establish, on the balance of probabilities, that the Valuer General's valuation was incorrect. The comparable sales methodology is appropriate in these circumstances and, absent cogent contrary evidence or valid alternative analysis by the applicant, the statutory valuation of $291,000 should stand.

Court Disposition

Appeal dismissed; valuation confirmed.

Orders

  • The appeal is dismissed.
  • The valuation of the land being Lot 170 in DP 1094976, known as 41 Denman Street, Maitland, NSW as at 1 July 2022 is confirmed in the amount of $291,000.