Mount Lawley Pty Ltd v Western Australian Planning Commission [No 3]

Mount Lawley Pty Ltd appealed against the Western Australian Planning Commission's refusal to grant development approval for a residential subdivision of land in Mount Lawley. The Court of Appeal was required to consider whether the trial judge made errors in his valuation of the land, and if so, what the consequences of those errors were. The Court of Appeal found that the trial judge did make errors in his valuation of the land, but that the consequences of those errors were not necessarily that the valuation was too high or too low. The Court of Appeal concluded that the trial judge's valuation of the land was not necessarily flawed and dismissed the appeal.

The Court of Appeal considered whether the trial judge erred in finding that the suitability for development of 175 hectares of dry land forming part of the Mount Lawley land was subject to matters which amounted to a considerable qualification. The Court of Appeal found that the appellant's valuers, Messrs Logan, Rae and Zucal, correctly determined what was the highest and best use of the Mount Lawley land and that their evidence was cogent. However, the Court of Appeal concluded that the trial judge's valuation of the land was not necessarily flawed and dismissed the appeal. The Court of Appeal also considered whether the trial judge erred in holding that, at the valuation date, the hypothetical purchaser would only have been cautiously optimistic that there was potential for development of part of the Mount Lawley land in conjunction with neighbouring land owners at some indeterminate time which might be well into the future. The Court of Appeal concluded that the trial judge's valuation of the land was not necessarily flawed and dismissed the appeal.