Valuer-General Victoria v. WSTI Properties 490 SKR Pty Ltd

Lower Court Judgment

4/07/2024 Supreme Court of Victoria (Court of Appeal) (Emerton P, Kennedy and Lyons JJA)

[2024] VSCA 157

Catchwords

Land valuation – assessment of land value under Valuation of Land Act 1960 (Vic) – where respondent owner of land subject to heritage-related planning restrictions – where house built in 1897 on land – where respondent successfully objected to valuations in Victorian Civil and Administrative Tribunal – where valuation required assumption that improvements had not been made – where improvements defined in s 2(1) of Valuation of Land Act as “all work actually done or material used on and for the benefit of the land, but only in so far as the effect of the work done or material used increases the value of the land” – proper time for assessment of improvements – whether Court of Appeal erred in construing defining of “improvement” as requiring that effect of work done or material used increased value of land at time that work actually done or material used.