Berry v Department of Natural Resources and Water

Berry brought an appeal against the Department of Natural Resources and Water, challenging the valuation of their property. The appeal was heard by the Administrative Appeals Tribunal (AAT). The AAT had previously dismissed Berry’s challenge to the valuation. The main issue for the court was whether the AAT erred in law by failing to give proper consideration to the sales evidence and the change in relativities since the earlier valuation. The court needed to determine whether the AAT’s approach to the valuation was correct and whether it gave appropriate weight to the sales evidence and the changes in relativities.

The court found that the AAT did not err in law. The AAT had considered the sales evidence but preferred the relativities evidence, which was a reasonable approach. The court held that the AAT was entitled to give greater weight to the relativities evidence, particularly given the changes in the market since the earlier valuation. The court found that the AAT’s approach was consistent with the statutory framework and that the AAT had not failed to give proper consideration to the sales evidence or the changes in relativities. The court held that the AAT’s decision was correct and that the appeals should be dismissed.

The court dismissed each of the appeals and affirmed the valuation of the subject land by the Chief Executive as at each relevant date. The court found that the AAT’s approach to the valuation was correct and that the AAT had not erred in law. The court held that the AAT had given appropriate weight to the sales evidence and the changes in relativities and that the AAT’s decision was consistent with the statutory framework.