Kierath v Valuer-General [2008] NSWLEC 1524

Kierath v Valuer-General [2008] NSWLEC 1524

Although two minor factors, flooding potential and inclusion within the 50 decibel Mount Panorama noise contour, should have been allowed for, the only expert valuation evidence placed the adjusted land value at $164,000. The applicant did not discharge the onus of showing that any proper adjustment for those minor factors could reduce the value below the existing statutory valuation of $132,000. The statutory valuation was therefore confirmed and the appeal dismissed.

Jurisdiction
Australia
Judgment Date
01 December 2008
Procedural Posture
Appeal Against Statutory Valuation / Ex Tempore Judgment After Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979 Was Terminated and the Matter Proceeded to Hearing and Determination Under S 34(4)
Outcome
The Valuer-General's valuation was confirmed and the appeal against the statutory value was dismissed.
Legal Topics
['statutory Land Valuation' 'comparable Sales' 'global Adjustment Valuation Method' 'onus of Proof in Valuation Objection' 'flooding and Noise Contour Impacts on Valuation']
['valuation of Land' 'land Law'] ['statutory Land Valuation' 'comparable Sales' 'global Adjustment Valuation Method' 'onus of Proof in Valuation Objection' 'flooding and Noise Contour Impacts on Valuation']

Case Brief

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Procedural Posture

Appeal Against Statutory Valuation / Ex Tempore Judgment After Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979 Was Terminated and the Matter Proceeded to Hearing and Determination Under S 34(4)

Legal Issues

  1. 1 ["Whether the statutory valuation of the applicant's land should be disturbed." "Whether the Valuer-General's expert's global adjustment method using comparable sales was an appropriate valuation approach." "Whether the applicant's 17 objection matters justified a downward adjustment to the statutory valuation."]

Ratio Decidendi

Although two minor factors, flooding potential and inclusion within the 50 decibel Mount Panorama noise contour, should have been allowed for, the only expert valuation evidence placed the adjusted land value at $164,000. The applicant did not discharge the onus of showing that any proper adjustment for those minor factors could reduce the value below the existing statutory valuation of $132,000. The statutory valuation was therefore confirmed and the appeal dismissed.

Court Disposition

The Valuer-General's valuation was confirmed and the appeal against the statutory value was dismissed.

Orders

  • ['The valuation of the Valuer-General is confirmed.' 'The appeal against the statutory value is dismissed.']