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Tort

Rayman v Brown

The Court found negligence in sheet piling works that damaged the Rayman home, rejected a non-delegable duty argument, and awarded damages plus interest.

  • Duty of care
  • Civil liability act 2002 (nsw) s 5b
  • Conveyancing act 1919 (nsw) s 177
  • Proportionate liability
  • Damages for diminution in value
  • Improperly obtained evidence
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Valuation

Lendlease (Goldfields Residential) Pty Limited and Lendlease (Goldfields Hotel) Pty Limited, v Valuer General of New South Wales

Lendlease (Goldfields Residential) Pty Limited and Lendlease (Goldfields Hotel) Pty Limited, v Valuer General of New South Wales [2025] NSWLEC 1071

The Court upheld by consent a valuation appeal concerning 1 Alfred Street, Sydney, and amended the 1 July 2022 land value to $505,340,000.

  • Land value appeals
  • Conciliation conference
  • Apportionment of land value
  • Powers of the land and environment court
  • Valuation-appeal
  • Land-value
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Valuation

Lara Dezma Malouf and Ltirm Pty Ltd v Valuer General of NSW

Lara Dezma Malouf and Ltirm Pty Ltd v Valuer General of NSW [2024] NSWLEC 1691

Land valuation appeal resolved by conciliation: the 2022 value was confirmed at $14 million and the 2023 value amended to $14.823 million.

  • Land value determination
  • Objection to land valuation
  • Court-ordered amendment of valuation
  • Land-valuation
  • Valuation-appeal
  • Land-environment-court
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Compulsory acquisition

Jameson v Rail Corporation New South Wales

Jameson v Rail Corporation New South Wales [2014] NSWLEC 83

Compensation for a partial compulsory acquisition was fixed at $402,752.55, including market value, injurious affection, and agreed legal and valuation costs.

  • Market value of acquired land
  • Injurious affection
  • Disturbance compensation
  • Statutory interpretation (land acquisition (just terms compensation) act 1991)
  • Calculation of compensation
  • Compulsory-acquisition
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Administrative law

Wu v Valuer-General

Wu v Valuer-General [2013] NSWLEC 56

The Court dismissed an application for leave to call expert town planning evidence in a land valuation appeal, holding that planning instruments are for the Court to interpret.

  • Appeal against land value
  • Admissibility of expert evidence
  • Interpretation of planning instruments
  • Land-valuation-appeal
  • Expert-evidence
  • Planning-instruments
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Land law

The Trust Company Limited v Minister Administering the Crown Lands Act 1989

The Trust Company Limited v Minister Administering the Crown Lands Act 1989 [2012] NSWLEC 73

Appeal over Crown land rent redetermination dismissed. The Court held lease restrictions must be considered, but rejected the appellant's valuation method.

  • Crown land leasing
  • Market rent redetermination
  • Statutory construction
  • Valuation methodology
  • Onus of proof
  • Crown-land-leases
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Land law

Hua and Anor v Hurstville City Council

Hua and Anor v Hurstville City Council [2010] NSWLEC 61

The Court held that disturbance compensation for a compulsorily acquired bakery lease could include relocation and reinstatement costs under s 59(c).

  • Compensation for disturbance
  • Relocation vs extinguishment of business
  • Interest in land under compulsory acquisition
  • Compulsory-acquisition
  • Disturbance-compensation
  • Business-relocation
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Contract law

ADC Buildings Pty Ltd v Barana Properties No 1 Pty Ltd

ADC Buildings Pty Ltd v Barana Properties No 1 Pty Ltd [2004] NSWSC 810

The Supreme Court held that a rent-review valuation complied with the lease and dismissed ADC Buildings’ summons challenging the expert determination.

  • Rent review clauses
  • Expert determination
  • Lease valuation
  • Interpretation of contracts
  • Construction of valuation clauses
  • Effect of statutory amendments on contracts
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Property law

ORTI-TULLO & ANOR v. SADEK & ANOR

ORTI-TULLO & ANOR v. SADEK & ANOR [2001] NSWSC 855

The Supreme Court of New South Wales upheld a valuer’s rent determination under a lease renewal option, finding no proven mistake in the treatment of GST.

  • Rent review
  • Valuer's determination
  • Impact of gst on lease rent
  • Mistake in valuation
  • Finality of valuer's determination
  • Commercial-leasing
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Valuation

FERRCOM PTY LTD and ORS v ALOISIO; FERRARESE and ORS v ALOISIO

FERRCOM PTY LTD and ORS v ALOISIO; FERRARESE and ORS v ALOISIO [1997] NSWCA 107

The Court of Appeal held that specialised factory and office buildings should be valued by depreciated replacement cost, not capitalised net rental value.

  • Valuation of land and buildings
  • Specialised property valuation
  • Shareholder oppression
  • Method of valuation
  • Valuation-of-land-and-buildings
  • Specialised-property-valuation
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.