New South Wales Court of Appeal - Decisions of Interest Search - Area of law: Valuation


   

  1. 16/12/2015
    Valuation: methods of valuation; hypothetical fee simple of mine; minerals in fact reserved to Crown; whether land value to be determined on assumption that minerals privately owned; distinction between laws of general application and qualifications upon the particular grant; Royal Sydney Golf Club v Federal Commissioner of Taxation (1955) 91 CLR 610 and Gollan v Randwick Municipal Council [1961] AC 82 considered; Crown reservation of minerals to be ignored in valuation of hypothetical fee simple
    Perilya Broken Hill Ltd v Valuer-General  [2015] NSWCA 400
  2. 17/03/2015
    Valuation: land value; unimproved value of fee-simple; highest and best use; s 6A(2) of Valuation of Land Act 1916 (NSW); mandatory assumption as to existing uses and improvements; building exceeded maximum floor space ratio permitted under local environmental plan; actual use was highest and best use; whether s 6A(2) required regard to be had to maximum floor space permitted under local environmental plan or to actual floor space in building; appeal allowed
    Valuer-General v Fivex Pty Ltd [2015] NSWCA 53  [2015] NSWCA 53
  3. 30/10/2013
    Valuation: land valuation; compulsory acquisition; determination of market value; statutory offer made pursuant to report made under Land Acquisition (Just Terms Compensation) Act 1991 (NSW); whether primary judge erred in failing to take into account non-binding offer to purchase acquired land; whether premium should have been applied to market value due to existing development consent
    Marroun v Roads and Maritime Services  [2013] NSWCA 358
  4. 16/08/2013
    Valuation: methods of valuation; hypothetical fee simple of mine; valuation by discounted cashflow of hypothetical mine; application of royalty provisions in Mining Act 1992 (NSW) as generally applicable public law; parties’ cashflow included royalty payments as expenses but did not include receipts of royalty for privately owned minerals; valuation set aside and proceeding remitted
    Valuer-General v Perilya Broken Hill Ltd  [2013] NSWCA 265
  5. 11/12/2012
    Valuation: compulsory acquisition of land; compensation; valuation of land; acquisition of part of appellant’s land for construction of road; whether primary judge erred in application of "before and after" method to value acquired land; impact of acquisition on value of residual land; claims for losses attributable to disturbance; need to avoid double counting; no errors of law except in relation to stock watering claim.
    Brock v Roads and Maritime Services (formerly Roads and Traffic Authority of NSW)   [2012] NSWCA 404
  6. 07/11/2012
    Valuation: Land value; Crown lease restricted land; land value to be determined taking into account restrictions on the disposition that apply to the land by reason of its being the subject of the lease concerned; condition of lease referring to statutory power to withdraw land from the lease without compensation; trial judge found condition of lease is such a restriction on the disposition; trial judge erred on a question of law.
    Valuer-General v New South Wales Golf Club  [2012] NSWCA 355
  7. 26/10/2011
    Valuation: Compulsory acquisition of interest in land; easement for construction of levee; assessment of market value; assessment of claim for disturbance; apportionment of cost of scour protection works; Land Acquisition (Just Terms Compensation) Act 1991 (NSW), s 55(f)
    Dillon v Gosford City Council  [2011] NSWCA 328
  8. 11/10/2011India
    Valuation: Compulsory acquisition of land; market value; acquired land subject to a statutory prohibition which prevented the land from being used or sold for a non-agricultural purpose; whether the acquired land should only be valued as agricultural land or whether the land's commercial, residential or industrial potential should also be considered; on facts, acquired land should only be valued as agricultural land; relevance of the purpose of the acquisition when determining the value of the acquired land
    Goa Housing Board v. Rameshchandra Govind Pawaskar & Anr.  [2011] INSC 1025
  9. 11/10/2011India
    Valuation: Compulsory acquisition of land; land subject to tenancy; Land Acquisition Officer divided compensation equally between landowner and tenant however assessed compensation at a lower rate on the basis that the land was not free from incumbrances; whether land subject to tenancy is less valuable for the purpose of determining compensation under the Land Acquisition Act, 1894 than land that is not subject to tenancy; distinction between a sale free from incumbrances and an acquisition free from incumbrances; when the government acquires land, it acquires the rights and interests enjoyed by both the landowner and the tenant; land compulsory acquired should not be considered less valuable because it is subject to tenancy
    Rajendra Vassudev Deshprabhu (D) through Lrs. & Ors. v. Deputy Collector & Anr.  [2011] INSC 1029
  10. 05/09/2011
    Valuation: Valuation; retrospective; known contingencies at valuation date; whether evidence of later events admissible
    Nutectime International Pty Limited v Timentel Pty Limited  [2011] NSWCA 257