Weld Club Trustees and Valuer General

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WELD CLUB TRUSTEES and VALUER GENERAL [2007] WASAT 256



STATE ADMINISTRATIVE TRIBUNALCitation No:[2007] WASAT 256
VALUATION OF LAND ACT 1978 (WA)
Case No:DR:311/20056, 7, 8, 9, 10 NOVEMBER 2006 AND 14 DECEMBER 2006
Coram:JUSTICE M L BARKER (PRESIDENT)
MR R J PRIEST (SENIOR SESSIONAL MEMBER)
10/10/07
22Judgment Part:1 of 1
Result: Unimproved land valuations affirmed
Application dismissed
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…

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Details
Case
[2007] WASAT 256
Decision Date

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

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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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