WELD CLUB TRUSTEES and VALUER GENERAL [2007] WASAT 256

Jurisdiction:	STATE ADMINISTRATIVE TRIBUNAL	Citation No:	[2007] WASAT 256
Act:	VALUATION OF LAND ACT 1978 (WA)
Case No:	DR:311/2005	Heard:	6, 7, 8, 9, 10 NOVEMBER 2006 AND 14 DECEMBER 2006
Coram:	JUSTICE M L BARKER (PRESIDENT) MR R J PRIEST (SENIOR SESSIONAL MEMBER)	Delivered:	10/10/07
No of pages:	22	Judgment Part:	1 of 1
Result:	Unimproved land valuations affirmed Application dismissed
Category:	B
PDF Version

Parties:	WELD CLUB TRUSTEES VALUER GENERAL
Catchwords:	Valuation of land Site in Perth central business district "Unimproved value" Comparable sales approach Challenge to methodology and assumptions of Valuer General Concept of "standard inside lot"
Legislation:	City of Perth City Planning Scheme No 1, cl 48, cl 138 Valuation of Land Act 1978 (WA), s 4(1)
Case References:	AMP Life Ltd and Valuer General [2007] WASAT 257 St Martins' Centre Pty Ltd v Valuer General (2003) 30 SR (WA) 218 Western Australian Planning Commission v Arcus Shopfitters Pty Ltd [2003] WASCA 295
Orders	1. The unimproved land assessments issued by the Valuer General and effective as at 1 August 1998 and 1 August 1999, are affirmed.,2. The application is dismissed.

JURISDICTION : STATE ADMINISTRATIVE TRIBUNAL STREAM : DEVELOPMENT & RESOURCES ACT : VALUATION OF LAND ACT 1978 (WA) CITATION : WELD CLUB TRUSTEES and VALUER GENERAL [2007] WASAT 256 MEMBER : JUSTICE M L BARKER (PRESIDENT)

MR R J PRIEST (SENIOR SESSIONAL MEMBER)

HEARD : 6, 7, 8, 9, 10 NOVEMBER 2006 AND 14 DECEMBER 2006 DELIVERED : 10 OCTOBER 2007 FILE NO/S : DR 311 of 2005 BETWEEN : WELD CLUB TRUSTEES

Applicant

AND

VALUER GENERAL

Respondent

Catchwords:

Valuation of land Site in Perth central business district "Unimproved value" Comparable sales approach Challenge to methodology and assumptions of Valuer General Concept of "standard inside lot"

Legislation:

City of Perth City Planning Scheme No 1, cl 48, cl 138

Valuation of Land Act 1978 (WA), s 4(1)

(Page 2)

Result:

Unimproved land valuations affirmed

Application dismissed

Category: B

Representation:

Counsel:

Applicant : Mr MN Solomon

Respondent : Mr BP King and Ms CA Ide

Solicitors:

Applicant : Phillips Fox

Respondent : State Solicitor's Office

Case(s) referred to in decision(s):

AMP Life Ltd and Valuer General [2007] WASAT 257
St Martins' Centre Pty Ltd v Valuer General (2003) 30 SR (WA) 218
Western Australian Planning Commission v Arcus Shopfitters Pty Ltd [2003] WASCA 295

(Page 3)

REASONS FOR DECISION OF THE TRIBUNAL:

Summary of Tribunal's decision

1 The Valuer General assessed the unimproved land value of 1 Barrack Street, Perth, at $19,700,000 on 1 August 1998 and 1 August 1999. The applicant, the registered proprietor of the land, objected to the valuations.

2 The Tribunal considered the competing methodologies of the expert valuers called by the parties and examined the comparable sales put forward by both valuers.

3 The Tribunal preferred the approach of the Valuer General's valuer and affirmed the assessments.

Issues

4 The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read Weld Club Trustees and Valuer General and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2007] WASAT 256
Decision Date: 10 OCTOBER 2007

CaseChat Overview and Summary

The Weld Club Trustees sought a review of the valuation assessments of land they owned in the Perth central business district, issued by the Valuer General for the years 1998 and 1999. The Trustees challenged the "unimproved value" of the land, questioning the Valuer General's methodology and assumptions used to determine this value. The case was heard in the Supreme Court of Western Australia.

The central legal issue was whether the Valuer General's method for determining the unimproved land value was correct. This involved scrutinising the Comparable Sales Approach and the underlying assumptions, particularly the concept of a "standard inside lot". The Trustees argued that the Valuer General's approach did not accurately reflect the specific characteristics and market conditions of the property in question.

The Court found that the Valuer General's methodology was sound and appropriately applied to the site. The concept of a "standard inside lot" was deemed reasonable given the lack of comparable properties. The Court concluded that the assessments accurately reflected the unimproved value of the land, and the Trustees' challenge was dismissed. The Court affirmed the assessments for the years 1998 and 1999 and dismissed the application for review.

Orders

Orders of the court

1. The unimproved land assessments issued by the Valuer General and effective as at 1 August 1998 and 1 August 1999, are affirmed. 2. The application is dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.