Valuer-General - V - Perpetual Trustee Australia Limited [1999] NSWLEC 10

Valuer-General - V - Perpetual Trustee Australia Limited [1999] NSWLEC 10

The appeals failed because the grounds advanced related either to factual determinations or to the exercise of discretion in methodology open to the Senior Assessor; no errors of law were established, and it is not an error for the decision-maker to adopt valuation principles or methods not expressly argued by the parties if supported by the evidence or permissible under statutory powers.

Jurisdiction
Australia
Judgment Date
10 February 1999
Procedural Posture
Appeal Under S56 a of the Land & Environment Court Act 1979 / Judgment
Outcome
Appeals dismissed
Legal Topics
['land Valuation Methodology' 'appeals on Questions of Law' 'application of Valuation Principles' 'assessment of Land Value Under Valuation of Land Act 1916' 'judicial Discretion in Valuation']
['property Law' 'valuation Law'] ['land Valuation Methodology' 'appeals on Questions of Law' 'application of Valuation Principles' 'assessment of Land Value Under Valuation of Land Act 1916' 'judicial Discretion in Valuation']

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Procedural Posture

Appeal Under S56 a of the Land & Environment Court Act 1979 / Judgment

Legal Issues

  1. 1 ['Whether the Senior Assessor made an error of law in the valuation methodology applied' 'Whether it was an error of law to adopt the 4-3-2-1 Rule (Australian Rule) without party submissions or supporting evidence' 'Whether the Senior Assessor erred in making comparisons of land state at different dates in assessing value' 'Whether adopting a discount rate of 15% was unsupported by evidence and amounted to an error of law']

Ratio Decidendi

The appeals failed because the grounds advanced related either to factual determinations or to the exercise of discretion in methodology open to the Senior Assessor; no errors of law were established, and it is not an error for the decision-maker to adopt valuation principles or methods not expressly argued by the parties if supported by the evidence or permissible under statutory powers.

Court Disposition

Appeals dismissed

Orders

  • ["Appeal No 30162 of 1996 (the Bathurst case): 1. Appeal dismissed. 2. The appellant (the Valuer-General) must pay the respondent's costs." "Appeal No 30163 of 1996 (the Orange appeal): 1. Appeal dismissed. 2. The appellant (the Valuer-General) must pay the respondent's costs."]