Handley v Chief Executive, Department of Natural Resources and Mines

Patricia Handley appealed against the annual valuation of her property at 12 Howard Street, Paddington, determined by the Chief Executive of the Department of Natural Resources and Mines at $175,000. The appellant argued that the unimproved value should be $130,000, considering recent changes in the area's amenity, increased traffic and noise, and the character of the residential area. The respondent, represented by Ms. Trigge, defended the valuation based on the sales of vacant or lightly improved lands in the vicinity.

The court examined the nature and amenity of the locality, agreeing that Howard Street is a pleasant and attractive area, but it was not the court's role to determine lifestyle uses of land. The court also considered the history of the appeal and the impact of planning on the area. The appellant argued that the designation of the subject property as "character housing" under the new Town Planning constraint would make the removal of such declared houses very difficult, but the court found that the market would have been aware of this intention and that the area's character would still be preserved.

The method of valuation and comparison of sales were also key issues. The court accepted the respondent's method of comparing sales of vacant or lightly improved lands as the most relevant approach for determining unimproved value. The court also accepted the valuer's selected sales for comparison purposes and found that the appellant had not discharged the onus of proving a wrong principle or a serious error of fact.

In conclusion, the court dismissed the appeal and affirmed the unimproved value of the subject land at $175,000 as determined by the Chief Executive.