Arida v Arida

The matter of Arida v Arida involved a dispute regarding the valuation of property. The valuation was required to be conducted as at a particular date, but the valuer made the valuation at a later date and subsequently made another valuation as at the requested date. The dispute arose as to whether the valuer's task was complete upon making the first valuation, and if a term could be implied into the agreement that the valuer was entitled to make a new valuation. The matter was heard in the Family Court of Australia.

The primary legal issue before the court was whether the valuer's task was complete upon making the first valuation and whether a term could be implied into the agreement that the valuer was entitled to make a new valuation. The court needed to determine whether the valuer's task was to provide a valuation as at the particular date requested or whether the valuer was entitled to make a new valuation as at the requested date.

The court found that the valuer's task was to provide a valuation as at the particular date requested and that the valuer was not entitled to make a new valuation as at the requested date. The court held that the term could not be implied into the agreement that the valuer was entitled to make a new valuation, as it was not consistent with the terms of the agreement. The court also held that the valuer's subsequent valuation was not relevant to the agreement, and therefore, the valuer's task was complete upon making the first valuation.

The court ordered that the valuer's subsequent valuation was not to be considered in determining the value of the property. The court further ordered that the parties were to bear their own costs of the proceedings.