Hunters Hill Council v Peter Charles Cunningham, Valuer General of New South Wales & Ors

[2005] NSWCA 185

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Compulsory Acquisition
2. › Compensation
3. › Market value of acquired land
4. › Before and after methodology
5. › Value of acquired and retained land less value of retained land
6. › Whether values required to take account of highest and best use
7. › Whether valuation of retained land failed to identify highest and best use
8. › Land Acquisition (Just Terms Compensation) Act 1991 (NSW), ss 54, 55, 56
1. Compulsory Acquisition
2. › Compensation
3. › Valuer General's determination
4. › Judicial review
5. › Whether determination void for failure to comply with valuation principle
6. › Burden of proof on party challenging determination
1. Administrative Law
2. › Judicial review
3. › Review of Valuer General's determination
4. › Standard of review
5. › Whether valuer's report to be read as a whole
6. › Whether over-zealous criticism of expression inappropriate

Quick Take

A valuer's report need not use the precise words 'highest and best use' to satisfy valuation principle; it is sufficient if the report, read as a whole, demonstrates that the valuer inquired into and took account of the highest and best use. The burden of demonstrating departure from valuation principle lies on the party challenging the determination. A valuer's expression of their reasoning should not be subjected to over-zealous criticism on judicial review.