Boensch v Valuer-General of New South Wales

• 1. Valuation of Land
  2. › Appeal from Commissioner's determination
  3. › Appeal on question of law
  4. › Section 56A Land and Environment Court Act 1979 (NSW)
  5. › Distinction between questions of law and questions of fact
  6. › Comparable sales and adjustments
  7. › Flood classification
  8. › Whether findings on flood classification and comparable sales were questions of fact not amenable to appeal
• 1. Practice and Procedure
  2. › Procedural fairness
  3. › Self-represented litigants
  4. › Duty of court to assist unrepresented litigant
  5. › Whether denial of opportunity to examine witness
  6. › Whether lack of daily transcript constituted denial of procedural fairness
• 1. Practice and Procedure
  2. › Appeals
  3. › New points on appeal
  4. › Whether issue not raised below may be raised on appeal
  5. › Estoppel argument not raised before Commissioner
  6. › Principles from Suttor v Gundowda and Coulton v Holcombe
• 1. Evidence
  2. › Admissibility in valuation proceedings
  3. › Relevance of material in evaluative process
  4. › Whether admission of 'Red Map' flood risk document constituted error of law
  5. › Valuation of Land Act 1916 (NSW), s 6A

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