Commonwealth Custodial Services Ltd v Valuer General

(2007) 156 LGERA 186; [2007] NSWCA 365

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Valuation
2. › Valuation of land
3. › Methods of valuation
4. › Unimproved land value
5. › Whether permissible to determine land value by deducting value of improvements from improved value of subject land
6. › Heritage restricted land
7. › Whether statutory amendments displaced prior authority
8. › Valuation of Land Act 1916 (NSW), ss 6A(1), 6A(2), 14G
1. Statutes
2. › Interpretation
3. › Mischief rule
4. › Whether general words confined to mischief that prompted amendment
5. › Effect of subsequent amendments on construction of existing provision
6. › Valuation of Land Act 1916 (NSW), ss 6A(1), 6A(2), 14G
1. Precedent
2. › Intermediate appellate court
3. › Whether bound by High Court authority where statutory framework has changed
4. › Whether open to distinguish High Court decision on basis of subsequent legislative amendment

Quick Take

The subtraction method of valuation (determining improved value and deducting value of improvements) remains impermissible for determining land value of the subject land under s 6A(1) of the Valuation of Land Act 1916, including for heritage-restricted land under s 14G. The assumptions in ss 6A(2) and 14G(1) operate only for the limited purpose of identifying highest and best use, not to displace the fundamental assumption in s 6A(1) that improvements had not been made. However, two of three judges expressed the view that the Toohey's principle is no longer sustainable given the statutory amendments, signalling potential for High Court reconsideration.