ISPT Pty Ltd v Melbourne City Council & Anor

(2008) 20 VR 447; [2008] VSCA 180

Victorian Court of Appeal

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Interrogate

Catchwords

1. Valuation of Land
2. › Site value
3. › Role of tribunal in reviewing valuation
4. › Whether expert tribunal
5. › Whether tribunal impermissibly pieced together own valuation
6. › Whether entitled to accept part of one valuer's evidence and part of another's
7. › Valuation of Land Act 1960 (Vic), ss 2(1), 5A
1. Valuation of Land
2. › Site value
3. › Highest and best use
4. › Whether single precise use or combination of uses
5. › Whether highest and best use may be expressed as range of potential alternative uses
6. › Valuation of Land Act 1960 (Vic), s 5A(3)(a)
1. Valuation of Land
2. › Site value
3. › Comparable sales
4. › Improved and unimproved sales
5. › Depreciated replacement cost method
6. › Weight to be given to valuer's evidence
7. › Valuation of Land Act 1960 (Vic), ss 2(2), 5A(2)
1. Administrative Law
2. › Tribunals
3. › Victorian Civil and Administrative Tribunal
4. › Appeal on question of law
5. › Whether finding of fact open on the evidence
6. › Whether tribunal went beyond evaluating evidence
7. › Victorian Civil and Administrative Tribunal Act 1998 (Vic), s 148

Quick Take

In land valuation proceedings, the highest and best use of land may be identified in terms of a range of potential alternative uses rather than a single precise use, depending on the evidence. VCAT, when reviewing valuations, is entitled to accept part of one valuer's evidence and part of another's, and to adjust one valuation by reference to another, provided it does not piece together an independent valuation of its own. The question of whether VCAT constituted by a legal member sitting alone is an 'expert tribunal' in the full sense remains open.