EDWARDS and VALUER GENERAL

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EDWARDS and VALUER GENERAL [2014] WASAT 99



STATE ADMINISTRATIVE TRIBUNALCitation No:[2014] WASAT 99
VALUATION OF LAND ACT 1978 (WA)
Case No:DR:365/2013DETERMINED ON THE DOCUMENTS
Coram:MS N OWEN-CONWAY (MEMBER)15/08/14
36Judgment Part:1 of 1
Result: Decision affirmed
B
PDF Version
Parties:MITCH EDWARDS
VALUER GENERAL

Catchwords:

Unimproved value ­ Land tax ­ Metropolitan Region Improvement tax ­ Date of valuation ­ Comparable sales evidence ­ Market value
Post valuation sales
Valuation principles applicable to determination of market value of unimproved land

Legislation:

City of Canning Town Planning Scheme No 40
Land Tax Assessment Act 2012 (WA), s 5, s 7, s 7(1), s 10, s 17
Metropolitan Region Improvement Tax Act 1959 (WA), s 9, s 10
Metropolitan Region Scheme
Planning and Development Act 2005 (WA), s 33
State Administrative Tribunal Act 2004 (WA), s 17(1), s 27(1), s 29(1), s 29(3), s 32, s 32(2), s 33, s 33(2)
Valuation of Land Act 12978 (WA), s 18, s 19

Case References:

Mount Lawley Pty Ltd v Western Australian Planning Commission [2007] WASCA 226
Boland v Yates Property Corporation Pty Limited [1999] HCA 64; (1999) 74 ALJR 209
Boland v Yates Property Corporation Pty Ltd [1999] HCA 64
Duffy v Minister for Planning [2003] WASCA 294
Duffy v The Minister for Planning [2003] WASCA 294
Housing Commission of New South Wales v Falconer [1981] 1 NSWLR 547
Kenny & Good Pty Ltd v MGICA (1992) Ltd [1999] HCA 25; (1999) 199 CLR 413
Leichhardt Municipal Council v Seatainer Terminals Pty Ltd (1981) 48 LGRA 409
Longworth v Commissioner of Stamp Duties (1953) 53 SR (NSW) 342
Maidment v Roads and Traffic Authority of NSW [2006] NSWLEC 606
McKay v Commissioner of Main Roads [2013] WASCA 135
McKay v Commissioner of Main Roads [No 7] (2011) WASC 223
Minister Administering The Crown Lands Act v New South Wales Aboriginal Land Council [2009] NSWCA 151
Minister for the Environment v Florence (1970) 21 SASR 108
Mir v Valuer General [2009] NSWLEC 1309
Mount Lawley Pty Ltd v Western Australian Planning Commission (No 3) [2008] WASCA 158
Multari v Roads and Traffic Authority of New South Wales [2004] NSWLEC 649
Spencer v Commonwealth of Australia [1907] HCA 82; (1907) 5 CLR 418
The Match Group v Metropolitan South West Joint Development Assessment Panel [2014] WASCA 50
The Secretary of State for Foreign Affairs v Charlesworth, Pilling & Co [1901] AC 373
Walker Corporation Pty Ltd v Sydney Harbour Foreshore Authority [2008] HCA 5; (2008) 233 CLR 259
Yates Property Corporation Pty Ltd (in liq) v Darling Harbour Authority (1991) 24 NSWLR 156


Orders

On the application heard before Member Natasha Owen-Conway on 14 August 2014, it is ordered that:,1. Upon review, the Tribunal affirms the respondent's decisions:,(a) to disallow the applicant's objection to the respondent's determination of  unimproved value of the applicant's property as at 1 August 2010 and 1 August 2011 of $375,000; and,(b)…
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Details
Case
[2014] WASAT 99
Decision Date

CaseChat Overview and Summary

The case involved Edwards, the appellant, and the Valuer General, the respondent, in a dispute regarding the assessment of land tax and metropolitan region improvement tax in Western Australia. The matter was brought before the Supreme Court of Western Australia, which was required to determine whether the Valuer General's assessment of the unimproved value of certain land for the purposes of land tax and metropolitan region improvement tax was correct. The central issue before the court was whether the Valuer General had correctly applied the valuation principles in determining the market value of the unimproved land.

The court examined whether the Valuer General appropriately considered the evidence of comparable sales in the vicinity of the land in question, as well as whether the Valuer General had correctly applied the principles of valuation in determining the market value of the unimproved land. The court also considered whether the Valuer General should have taken into account the sale of the land after the date of valuation in determining the unimproved value of the land. Ultimately, the court held that the Valuer General had correctly applied the relevant valuation principles and had not erred in determining the unimproved value of the land for the purposes of land tax and metropolitan region improvement tax.

In reaching its decision, the court found that the Valuer General had appropriately considered the evidence of comparable sales in the vicinity of the land and had not erred in determining the market value of the unimproved land. The court further found that the Valuer General was not required to take into account the sale of the land after the date of valuation in determining the unimproved value of the land. The court also held that the Valuer General had not erred in determining the date of valuation for the purposes of the land tax and metropolitan region improvement tax. Accordingly, the court affirmed the decision of the Valuer General, and the appeal was dismissed.

Orders

Orders of the court

Decision affirmed

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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