Purrazzo v Valuer-General [2009] NSWLEC 1132

Purrazzo v Valuer-General [2009] NSWLEC 1132

The applicants discharged the onus to show that the statutory valuation should be reduced. The Court preferred the Valuer-General's general comparable-sales methodology and time, shape and area adjustments, but reduced the location adjustments for the Dalhousie Street comparable sales because insufficient weight had been given to their proximity to the council car park and other attractions. The Court derived adjusted rates of $7,000 per sq m from 75 Dalhousie Street and $5,800 per sq m from 71 Dalhousie Street, adopted a rate of $6,450 per sq m, and applied a 5% overall discount for the right of way's impact on development potential. The correct valuation at the base date was therefore...

Jurisdiction
Australia
Judgment Date
30 April 2009
Procedural Posture
Valuation of Land Appeal / Judgment After Hearing
Outcome
Appeal upheld; valuation reduced.
Legal Topics
["objection to Valuer General's Valuation" 'comparable Sales Valuation Methodology' 'right of Carriageway Affecting Land Value' 'valuation Adjustments for Time, Location, Area and Shape']
['land Valuation' 'planning and Environment'] ["objection to Valuer General's Valuation" 'comparable Sales Valuation Methodology' 'right of Carriageway Affecting Land Value' 'valuation Adjustments for Time, Location, Area and Shape']

Case Brief

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Procedural Posture

Valuation of Land Appeal / Judgment After Hearing

Legal Issues

  1. 1 ["Whether the Valuer-General's valuation of 90A Ramsay Street, Haberfield at the base date of 1 July 2007 should be disturbed." 'What valuation rate per square metre should be derived from comparable sales after adjustments for time, location, area and shape.' 'How the driveway area affected by a right of carriageway should be valued.']

Ratio Decidendi

The applicants discharged the onus to show that the statutory valuation should be reduced. The Court preferred the Valuer-General's general comparable-sales methodology and time, shape and area adjustments, but reduced the location adjustments for the Dalhousie Street comparable sales because insufficient weight had been given to their proximity to the council car park and other attractions. The Court derived adjusted rates of $7,000 per sq m from 75 Dalhousie Street and $5,800 per sq m from 71 Dalhousie Street, adopted a rate of $6,450 per sq m, and applied a 5% overall discount for the right of way's impact on development potential. The correct valuation at the base date was therefore...

Court Disposition

Appeal upheld; valuation reduced.

Orders

  • ['The appeal is upheld.' "Pursuant to s 40(1)(b) of the Valuation of Land Act 1916 the value of the site at the base date of 1 July 2007 is determined as being $968,000.00 in lieu of the Valuer-General's valuation of $1,050,000.00." 'The exhibits are returned.']