JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL
STREAM: DEVELOPMENT & RESOURCES
ACT: VALUATION OF LAND ACT 1978 (WA)
CITATION: WATSON & ANOR and VALUERGENERAL [2006] WASAT 224
MEMBER: MR P McNAB (MEMBER)
HEARD: DETERMINED ON THE PAPERS
DELIVERED : 7 AUGUST 2006
FILE NO/S: DR 368 of 2005
BETWEEN: DONALD WATSON
TATIANA WATSON
ApplicantsAND
VALUERGENERAL
Respondent
Catchwords:
Valuation of land – Gross rental value – Retirement village – Land held as undivided share – Restrictions on sub-lease and disposal – Applicant did not call expert evidence – Hypothetical landlord and tenant to be assumed – Allowance for communal facilities – Use of term hereditament – Assumptions and approach of expert valuer – Application dismissed – Words and phrases "hereditament"
Legislation:
Valuation of Land Act 1978 (WA), s 4(1)
Result:
The application for review is dismissed
The decision under review is affirmed
Category: B
Representation:
Counsel:
Applicants: Selfrepresented
Respondent: Mr M Palandri (Acting as Agent)
Solicitors:
Applicants: Self-represented
Respondent: Valuer General's Office
Case(s) referred to in decision(s):
Charles Nominees Pty Ltd v Valuer General (2000) 25 SR(WA) 297
Duffy v The Minister for Planning [2003] WASCA 294
JB Investments Pty Ltd and Valuer‑General [2006] WASAT 55
Port of London Authority v Orsett Union Assessment Committee[1920] AC 273
Rowles and Valuer‑General [2005] WASAT 325
Wines and The Valuer General [2005] WASAT 263
Case(s) also cited:
Nil
REASONS FOR DECISION OF THE TRIBUNAL:
Summary of Tribunal's decision
This application for review concerned the proper approach to the valuation of a home in a retirement village.
The property was individually valued and the total valuations were aggregated to achieve a total Gross Rental Value.
The applicants, Mr and Mrs Watson, objected to the valuation, firstly because it failed to take into account the restrictions on sub‑leasing and the like imposed upon owners in the village, and secondly because the valuer included an amount representing the amenity of certain exclusive facilities, such as a swimming pool for which they paid a monthly fee. The applicants also argued that the Valuer‑General had classified their home as an "hereditament". They submitted that, their interest in land was not capable of such a classification.
The Tribunal reviewed the law and practice of valuation in this area and concluded that each of the grounds of objection was misconceived.
The application for review was therefore dismissed.
Introduction
This is the review of a determination of the Gross Rental Value (GRV) of certain land, namely a double storey home in a retirement village in the north of Perth.
The applicants are Mr and Mrs Watson (the applicants) who made objections to the Valuer‑General. These objections were referred to the Tribunal in 2005 under the mechanism provided for by the Valuation of Land Act 1978 (WA) (VL Act).
Subject land
The subject land is Lot 1300 on Diagram 10061, located at 19 The Rise, Mindarie, in the City of Wanneroo (subject land).
The subject land is one of 70 units in the "Harbourside Retirement Village". The subject property was, at the relevant…
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- Case
- [2006] WASAT 224
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Court included whether the Valuer General's methodology in determining the gross rental value was appropriate and whether the applicants had provided sufficient evidence to support their claim that the valuation was understated. The applicants argued that the Valuer General had failed to account for certain factors, such as the restrictions on sub-lease and disposal, and the availability of communal facilities, in setting the gross rental value. They also contended that the use of the term "hereditament" by the Valuer General was inappropriate and should not have influenced the valuation.
In dismissing the application, the Court found that the applicants had not provided sufficient expert evidence to substantiate their claims. The Court held that while the applicants had raised valid points regarding the methodology used by the Valuer General, they had not called an expert witness to provide a detailed analysis and testimony to support their position. The Court also noted that the hypothetical landlord and tenant approach, which the Valuer General had used, was a recognised method in the valuation of similar properties. The Court further explained that the term "hereditament" was commonly used in valuation contexts and did not necessarily indicate an error in the assessment. As a result, the Court affirmed the decision under review and dismissed the application for review.
The Court's final orders were to dismiss the application for review and to affirm the decision of the Valuer General regarding the gross rental value of the property. The applicants were not successful in their challenge to the valuation, and the Court upheld the valuation determined by the Valuer General as accurate and appropriate.
Orders
Orders of the court
1. The application for review is dismissed. 2. The decision under review is 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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