Valuer-General v Commonwealth Custodial Services Ltd [2009] NSWCA 143

Valuer-General v Commonwealth Custodial Services Ltd [2009] NSWCA 143

The statutory assumptions required by s 14G(1) concern the actual improvements at the relevant time; valuing as if the improvements are new or in pristine condition is not required. Therefore, the primary judge did not err by accepting a valuation based on the existing condition of the building.

Jurisdiction
Australia
Judgment Date
10 June 2009
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal dismissed with costs
Legal Topics
['land Valuation' 'heritage Restrictions' 'valuation Methodology']
['property Law'] ['land Valuation' 'heritage Restrictions' 'valuation Methodology']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 ['Whether the valuation methodology adopted complied with s 6A(1) and s 14G(1) of the Valuation of Land Act 1916 (NSW) regarding heritage restricted land' 'Whether the assumption of improvements in new/pristine condition or existing condition was required by the statute']

Ratio Decidendi

The statutory assumptions required by s 14G(1) concern the actual improvements at the relevant time; valuing as if the improvements are new or in pristine condition is not required. Therefore, the primary judge did not err by accepting a valuation based on the existing condition of the building.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed' 'Respondent to have costs']