Thomas Arnold, led by Nick Eastman SC of Martin Place Chambers and instructed by Brown Wright Stein Lawyers, successfully appeared for the taxpayer in Valuer General of New South Wales v Esperia Court Pty Ltd [2026] NSWCA 30. The taxpayer was assessed to pay land tax with respect to 4 properties in Sydney and sought review in Land and Environment Court of New South Wales (LEC). The LEC upheld the taxpayer’s objections on the basis that the land value determined by the Valuer-General was too high: see Esperia Court Pty Ltd v Valuer General of New South Wales [2025] NSWLEC 104.

The Valuer-General appealed the LEC’s decision to the Court of Appeal of New South Wales. The appeal focussed on whether the primary judge erred in a valuation principle by:

(1) placing equal weight on comparable sales; and
(2) having regard to median and mean values of the comparable sales.

In dismissing the appeal, the Court of Appeal found that no error of valuation principle had occurred and cautioned against “…construing modern Australian legislation concerning the valuation of land by reference to “principles” derived from a body of case law…”.

A copy of the decision can be found here.